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Typically, a defendant is charged with violation of an order of protection for making contact with a protected party by telephone, voicemail, email, or text message. The protected party is usually an ex-boyfriend or ex-girlfriend, a former spouse, or a child. Ceasing all contact can be difficult.
A protection order may be varied, withdrawn or set aside if the complainant makes an application for variation or rescission, but only if the court is satisfied that the application is being made freely and voluntarily.
Is a No Contact Order Violation by Victim Legal? Yes. Because no contact orders are orders made to an accused, therefore, there is nothing preventing a victim by contacting an accused person under a no contact order.
Anyone seeking such an order must be prepared to present some physical evidence in addition to their own written statements and testimony in court. Evidence such as photographs, text messages, police reports or medical records. The court will not entertain a simple exchange of allegations.
Fighting a Protective Order You need to file a written request for a hearing in the court that issued the restraining order. Also, you need to know the timelines for contesting these orders as this will help you take immediate action when an order is issued against you.
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If you are sentenced in the Magistrates Court, you could receive up to the maximum sentence of six months imprisonment if found guilty; in the Crown Court the maximum term is up to five years.
Often the most effective evidence used to win or fight a restraining order is using third-party witnesses. A witness who has little connection to either party and no stake in the outcome of the case can be a compelling factor for the judge.
Violating a protection order is a misdemeanor and punishable by up to $1,000 and up to one year in prison. If your violation constitutes another offense, you could be charged with that in addition to the violation.
If the person bdocHubes the conditions of the order (in other words, fails to follow any of the conditions) call the police right away. The police may charge them with a criminal offence for bdocHubing the conditions of the order and they may be arrested.
Violating a protective order can come with a penalty of up to 10 years in prison and a fine up to $10,000. If you have been accused of violating a restraining order or protective order in Georgia, you need an experienced lawyer. Police take these claims seriously and you could face serious penalties.

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