Your Restraining Order Could Have a Big Impact on Your Case

Criminal cases can often become complicated when a restraining order comes into the picture, but for an experienced attorney, working with both cases provides an opportunity to create a stronger defense. Those who find themselves facing both criminal charges and a restraining or protection order should seek an experienced attorney who knows how to handle both cases to your advantage.

It Matters What You Say in Both Cases

While both cases may have come from the same incident, they take place in separate areas of United States Law. The criminal case is against the state or United States government, while the protection order is a civil matter against an individual. This means that the cases are handled separately, and the outcome of one does not determine the other. What is presented in both cases, however, becomes part of the record, meaning that the evidence gathered in either will apply in both cases.

An experienced attorney may also be able to use this to your advantage, by ensuring that the prosecution’s narrative is consistent. In a criminal case, the ability to request deposition is sometimes limited depending on the existing evidence. For county courts in Florida, you are not entitled to take the deposition of a witness in misdemeanor cases. In a civil case, however, deposition can be compelled to gather information. A deposition will provide a better defense for both of your cases, by providing more evidence and allowing for more effective cross-examination. More evidence to work with allows attorneys more room to create a rock-solid defense.

Because the cases are so heavily intertwined, it’s crucial that your attorney carefully consider every move to prevent damage to both cases at once. While working on both cases may provide some advantages, an inexperienced attorney can just as easily damage them both with a poor decision. When you testify in the protection order case, that testimony must remain consistent throughout the criminal case, and vice versa. Working with the same attorney on both cases makes this much simpler, and helps avoid the risk of creating inconsistencies in your defense.

Petkovich Law Firm has helped many clients fight both of these cases with success, and whether you’re seeking a protection order or defending against one, we’re ready to help. Contact Petkovich Law Firm today to get the qualified legal counsel required to handle these delicate cases.