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I have been served with a criminal temporary order of protection

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I have been served with a criminal temporary order of protection for my ex-husband because last year I made 20 phone calls to his work answering machine calling him names while in a psychiatric ward. Allegedly 2 calls were made after the temporary order was served so now the original misdemeanor charge has been elevated to a felony charge for violating the original order. Is it possible to now do jail time for this. Jail time was not being requested when it was a misdemeanor but now im not sure now that it is a felony. Plus will the Judge take into consideration that I made the calls in a Psch ward when me meds were being adjusted because Im bipolar
Submitted: 1 year ago.
Category: Criminal Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Get yourself a good criminal defense attorney. The fact that you were in a psychiatric hospital at the time of the offense may well be used to show that you lacked the mental capacity to form the intent to violate the court order, and which might well be in mitigation of the fact that you actually made the calls. This is known as an insanity defense, or a Diminished Capacity/Lack of Requisite State of Mind defense

You will need an expert witness---a psychiatrist---to testify that you lacked the capacity to understand what you were doing was wrong at the time, and if that is the case, you have a defense to the felony charge.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

If you have additional questions, you may reply back to me using the Reply to Expert link and I will be happy to assist you further until your questions have been answered to your satisfaction.

I wish you the best in your future.

Doug

LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27987
Experience: 30 years legal experience
LawTalk and 5 other Criminal Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Good evening,

I wanted to thank you for using JustAnswer, and to inquire whether my answer to you was helpful to your understanding of the law, as regards your question.

Is there anything else that I can assist you with, please feel free to ask. If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-lawtalk/

Thank you very much and take care.

Doug

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