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Restraining Orders and Criminal Defense

Restraining Orders and Criminal Defense

Interpersonal relationships can be very complicated and it is nearly impossible for people to get along with everyone they know all of the time. Disputes and disagreements are common among people, especially those who share living space, work environments, and social circles. Although many arguments and problems can be settled by discussion and mediation, other problems may be so severe that they cannot be resolved amicably.

Disputes between spouses, friends, and family members may escalate to dangerous proportions. If a person feels threatened or has reason to fear bodily harm will come to them, they may want to take legal action to protect themselves. One of the most common methods of doing so is to file a restraining order against the person with whom they have a dispute.

Restraining orders are court-approved rulings that may require individuals to move out of a home they share with another person, desist in physical violence toward another, stay away from another person’s property, or stay a certain physical distance from another person at all times. The court often looks at the specifics of the case, and may make amendments to the order for certain occasions, events, and circumstances.

Failure to obey a restraining order may result in the arrest of the person who violates the court’s commands and criminal charges may be pressed against the individual at fault. Such orders are designed to protect people from harmful actions and hopefully keep hostility at bay. If the person does not obey the wishes of the court, he or she may find themselves in serious legal trouble.

Unfortunately, restraining orders are not without their legal complications and flaws. The court cannot predict every situation a person might be placed into, and the instructions of the order may be so vague as to cause problems with correctly following the law. In addition, people who have a restraining order against them may be wrongly accused of violating the order by a vindictive family member or person who wishes to see them arrested.

Persons who are wrongly accused of violating restraining orders have the right to defend themselves from criminal charges. If you have been wrongly accused of criminal actions, it is important to consult an experienced criminal defense attorney to discuss the situation and formulate your defense.

For more information on restraining orders and criminal defense, visit the website of the Appleton criminal attorneys of Kohler, Hart & Priebe.