QUESTION

When a restraining order is placed due to charges being filed, such as sexual indecency with a child in my case, what are the rules about the restraining order?

Asked on Feb 26th, 2010 on Criminal Law - Arkansas
More details to this question:
When a restraining order is placed due to charges being filed, such as sexual indecency with a child in my case, what are the rules about the restraining order?
Report Abuse

1 ANSWER

Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
Update Your Profile
Restraining orders take several forms, including protection orders and no contact orders. They sound the same, but they are different. In many jurisdictions, criminal courts will issue a no contact order at the time the defendant is released from custody on bail. Compliance with the order is made a condition of bond. If you violate the no contact order, you are subject to arrest, and the judge may revoke or increase your bond. You may also face a possible fine or jail sentence. In Arkansas, where you are from, a no-contact order is mandatory when a defendant is charged with Stalking, Terroristic threatening, Harassment, Harassing communications, and Unauthorized computerized communications. For other crimes, a no contact order may be issued if the prosecutor or alleged victim requests one. The order is primarily designed to keep a defendant from seeking to intimidate witnesses or interfere with the orderly administration of justice. Conditions will vary from state to state, but some typical ones include: (a)    prohibiting you from approaching or communicating with the victim or witnesses, whether by in person, by phone, letter, e-mail, or text messaging. (b)    prohibiting you from going to a specific area or residence, business or other establishment. (c)    prohibiting you from possessing any dangerous weapon or using illegal drugs, and in some cases, using alcohol. The court may impose other conditions it deems reasonable and necessary in light of the specific facts of your case. When you are released on bond following an arrest, you will receive a copy of the order, with the specific terms, and the possible penalties for violating the order. Read the order carefully, and if you think a specific condition is unfair, you can ask your attorney to petition the court to modify it. Unless a modification is made by the court, you must abide all the terms and conditions for the duration of the criminal case.
Answered on Feb 26th, 2010 at 12:10 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters