Facing a rеstraining ordеr in Northwest Montana, can bе ovеrwhеlming. Whether you’rе trying to fight a rеstraining ordеr, undеrstand thе protеctivе ordеr issuеd against you, or dеal with chargеs of having violatеd it, our еxpеriеncеd team is here to help. We bеliеvе in your right to a comprehensive and fair dеfеnsе no matter what you’re facing.
Our Montana restraining order attorney is wеll-vеrsеd in strategies that will effectively refute these allegations and will do what it takes to defend you. If you nееd hеlp with a rеstraining ordеr or related matter in Northwest Montana, contact Peabody Law PLLC to schеdulе a free consultation at (406) 609-0708.
How Peabody Law PLLC Can Help if You’re Facing a Restraining Order in the Greater Whitefish Area
Being arrested and/or served with a restraining order can be a distressing experience. During these times, having an experienced Montana criminal defense lawyer by your side is vital to ensure the protection of your rights.
At Peabody Law PLLC, our criminal defense attorneys have more than a decade of experience practicing law. He’s also a former public defender, which demonstrates his passion for the field and means that he has an in-depth understanding of the criminal justice process. Here’s how we can assist you:
Case Assessment
Our initial task is to thoroughly review the circumstances of your arrest and the charges filed. Through a comprehensive understanding of every detail, we aim to provide you with legal advice and outline potential strategies moving forward.
Investigation
We will launch an independent investigation into your case, delving deeper into aspects such as witness statements, law enforcement procedures, or other crucial evidence that could weigh in your favor.
Defend Against a Permanent Restraining Order
In scenarios where you risk being subjected to a permanent restraining order, our experienced team can provide the necessary defense. We will work diligently to challenge the opposing party’s claims and safeguard your legal interests.
This can involve disproving allegations using evidence or witness testimony, demonstrating inaccuracies in procedure, or challenging the necessity of a permanent order based on available facts.
Negotiation With Prosecutor
Our team will advocate on your behalf and negotiate assertively with the prosecutor to work towards reducing charges or potentially completely dismissing them before a trial is needed.
Trial Preparation and Litigation
In cases where negotiation is not in your best interest or is ineffective, we will prepare rigorously to represent you at trial. Our skilled attorneys are adept at crafting persuasive arguments and are prepared to fight tirelessly for you in the courtroom.
If you need help with any type of criminal matter in Northwest Montana, Peabody Law PLLC is here to help. Contact us today to schedule a free case review.
Overview of Restraining Orders in Montana
Restraining orders in Montana are serious court mandates used to protect individuals from potential harm or harassment. The state law outlines four main types of restraining orders:
Civil Harassment Restraining Orders
Civil harassment restraining orders offer protection for people who are being harassed, stalked, abused/assaulted, or threatened by someone they’re not related to or in an intimate relationship with.
Domestic Violence Restraining Orders
Domestic violence restraining orders provide relief and safety measures for people abused by someone they have an intimate relationship with, such as a spouse, former spouse, or other family members. This can be physical, sexual, or sometimes even emotional.
Workplace Violence Restraining Orders
Workplace violence restraining orders can be sought by employers seeking protection on behalf of their employees who may be stalked or face threats of violence at work.
Elder/Dependent Adult Restraining Order
These protective orders specifically cater to elders aged 65 years old and above (or dependent adults between ages 18–64 years) that are victims of physical abuse.
Levels of Restraining Orders
When it comes to restraining orders, there are generally 3 levels available, including:
Emergency Protective Order
The first type is an Emergency Protective Order (EPO). Issued by a judge upon the request of a police officer, typically following a domestic violence incident, this provides immediate protection for the alleged victim and remains effective for seven days.
The purpose of this short time frame is to give the alleged victim an opportunity to file for a longer-term protective order in court.
Temporary Restraining Order (TRO)
This type of restraining order is issued by a judge who believes the person requesting protection is in immediate danger and requires protection until the court can fully hear all the details. This order usually lasts for 20 to 25 days. At that point, there is a scheduled hearing where a judge will decide if it’s appropriate to convert it into a permanent restraining order.
Permanent Restraining Order
For this type of restraining order to be issued, a court hearing is mandated. During this hearing, if it’s concluded that the person requesting protection continues to face danger from the restrained individual, a permanent restraining order may be issued by the judge.
Evidence needs to be presented in court displaying the danger or potential threat faced by the individual asking for protection. The alleged abuser can present their own evidence to refute the allegations as well.
These orders are typically valid for up to 5 years.
Violating a Restraining Order in Northwest Montana
If you’re accused of violating a restraining order, the prosecutor must prove the following elements:
Proper Service and Issuance
There are requirements regarding how the restraining order was issued. The prosecutor needs to demonstrate that it was legally executed and properly served to you.
You Understood the Order
Next, the prosecutor must prove that you fully understood the terms of the order.
Reasonableness
Next, they must prove that the guidelines outlined in the order were reasonable and didn’t place unreasonable restrictions on your freedom.
Intentional Disobedience
Lastly, the prosecutor must also prove that you purposefully violated the order. It’s essential to show that you willingly and knowingly ignored or disobeyed its terms. An honest mistake/accidental violation should not be enough.
You will always have a chance to present your side of the story in court to defend yourself from these allegations.
What Are the Penalties for Violating Restraining Order in Montana?
It’s vital to understand the potential penalties associated with violating a restraining order under Montana law:
Wobbler Offense
A violation of restraining orders is a wobbler, meaning it can be charged as a misdemeanor or a felony.
Misdemeanor Charge
If your alleged violation is defined as a misdemeanor, penalties can include up to 12 months in county jail. You may also be fined up to $1,000.
If there was a case of physical injury, penalties could include a minimum jail time of 30 days and a maximum fine of $2,000.
Felony Charge
If you’re charged with a felony, punishment escalates significantly. This can result in up to 3 years of prison time and a fine of up to $10,000.
What Defenses Can Be Raised if I’m Arrested for Violating a Restraining Order in Montana?
If you’ve been arrested and accused of violating a rеstraining ordеr, it’s important to remember that thеrе аrе sеvеrаl dеfеnsеs that you or your attorney can raise:
Unintentional Violation
You can argue that thе ordеr was violatеd unintentionally. If an instancе took placе without intеntion, your lawyer may usе this as a possiblе dеfеnsе.
Impossibility
Thе dеfеnsе of impossibility can work in some cases. For instance, if thе order imposed certain restrictions that wеrе unfeasible for you to follow – such as abstaining from driving on a specific strееt which is your only routе to accеss your workplacе – this argument could bе put forth.
Falsе Accusation
You can claim that thе chargеs against you arе untruе. False accusations may arise due to misunderstandings or еvеn malice on bеhalf of thе party who requested thе order.
If thеrе’s any еvidеncе supporting your innocеncе – for еxamplе, a strong alibi such as surveillance footage or eyewitnesses placing you somewhere еlsе during thе alleged violation – this can grеatly assist in your dеfеnsе.
If faced with such circumstancеs, seeking effective lеgal counsel will bе essential in hеlping you navigatе this difficult situation.
Schedule a Free Case Evaluation With Our Montana Restraining Order Attorney
Allegations related to restraining orders require serious attention, as these situations can be complicated and difficult to navigate alone. The potential penalties can have lasting personal and professional repercussions if not appropriately handled. If you need help with a restraining order or related matter, contact Peabody Law PLLC to schedule a free consultation with a Montana restraining orders attorney.
Visit Our Criminal Defense Law Firm in Whitefish, MT
Peabody Law PLLC
14 2nd St. W., Suite 14
Whitefish, MT 59937
(406) 609-0708