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It is important to know that if there can be repercussions of violating a protective order in Lubbock. When a protective order is violated, it can be prosecuted as a crime. If the accused violates the order, they could be prosecuted criminally for violating the terms. If the accuser violates one of the terms, they cannot be prosecuted for a crime but they may be punished by some kind of sentence or contempt of court in a civil court. This means that a protected person who would violate a protective order can be held in contempt of court. There could be fines, jail time, or both. The person could modify the order in ways that made sense in the given situation, like custodial rights to be changed, amended or ended to avoid violating the terms. To learn more, talk to a professional and experienced Lubbock protective order lawyer today.
Consequences of Committing Offenses While Violating Order
There are enhancements if a person commits a crime while violating a protective order in Lubbock. If a person violates a protective order in a violent way, that will be charged as another crime and raises the potential penalty that the person might pay for the second go around. The penalty on the first one may now be higher, and the second one will definitely be higher. It may even take the person out of the realm of a misdemeanor into the realm of a felony.
Family violence is an assault. If it becomes a domestic assault, a family violence assault, and the person was previously convicted of any offense of assault, kidnapping, murder, indecency with a child, or continuous violence with a child, then that increases penalties to a third-degree felony. If a person cut off somebody’s airway or blood flow with a choke hold, that is going to ramp it up to third degree felony (they can go up to second degree, depending on the kind of the bodily injury the person does). This serious bodily injury will take the person up to a second-degree felony and the use of a deadly weapon will increase charges as well.
All of these things, a person’s history and actions combined, enhance these offenses and raise the penalty range that a person will face. There has got to be a conviction for the prior charges to enhance the punishment or to enhance the offense from a misdemeanor to a felony. It depends on what the protective order was based on and what the crime was. Repercussions for violating the order in Lubbock and committing the crime are harsh.
Steps After Violating Order
<p”>If the other party has an attorney and they realize that a person violated the order, the first thing they will do is tell the attorney. The attorney will call the District Attorney, the police, or anybody in authority who knows about their situation. Then the process of finding out why and how the person violated the protective order will begin. Contact a professional attorney today to learn more about the repercussions of violating a protective order in Lubbock.