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Category: Criminal Law
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Experience:  30 years legal experience
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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

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.

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