Violating a restraining order, also known as a protective order, is a serious legal offense that can have significant consequences for the perpetrator. When someone violates a restraining order, they are breaking the law and can face criminal and civil penalties.

It is important to understand the consequences of violating a restraining order and to take steps to protect oneself and others from potential harm.  In this article, we will explore the types of restraining orders, how to obtain one, the consequences of violating a restraining order, and ways to protect oneself from a restraining order violation.

Introduction to restraining orders

Restraining orders can have a range of terms and conditions, such as prohibiting the perpetrator from coming within a certain distance of the person who obtained the order or from contacting them through any means, including in person, by phone, or online. It is important to understand the terms of a restraining order and to take them seriously, as violating a restraining order can have serious legal consequences.

What is a restraining order?

A restraining order, also known as a protective order, is a legal document issued by a court that prohibits an individual from having any contact or communication with another person. Restraining orders are typically issued in cases of domestic violence, stalking, or harassment to protect the safety and well-being of the person who has obtained the order.

They may also be issued to protect someone from threats or intimidation. Restraining orders can have a range of terms and conditions, such as prohibiting the perpetrator from coming within a certain distance of the person who obtained the order or from contacting them through any means, including in person, by phone, or online.

Purpose of a restraining order

The purpose of a restraining order is to protect the safety and well-being of the person seeking the order. Restraining orders are often used in situations where one person has been the victim of domestic violence, stalking, harassment, or other forms of abuse.

They may be sought by individuals who are in a domestic relationship, such as a spouse, partner, or family member, or by someone who has been the victim of non-domestic abuse, such as a coworker or neighbor.

Restraining orders may be issued by a judge on a temporary or permanent basis, depending on the circumstances of the case. They may prohibit the individual from contacting the person seeking the order, coming near their home, workplace, or other designated places, or from owning or possessing a firearm. Violation of a restraining order can result in criminal charges.

It is to provide a measure of protection and peace of mind to the person seeking the order and to hold the individual named in the order accountable for their actions. It is important to remember that a restraining order is not a guarantee of safety, but it can be an important tool in helping to prevent further abuse or harassment.

Types of restraining orders

There are several different types of restraining orders that can be issued by a court, depending on the circumstances of the case and the laws of the jurisdiction in which the order is sought. Some common types of restraining orders include:

1. Domestic violence restraining orders
   These orders are issued in cases of domestic violence, which refers to abuse or violence committed by a current or former spouse, partner, or family member. Domestic violence restraining orders may prohibit the abuser from contacting the victim, coming near their home or workplace, or owning or possessing a firearm.
2. Civil harassment restraining orders
   These orders are issued in cases of non-domestic harassment, such as harassment by a neighbor or coworker. Civil harassment restraining orders may prohibit the harasser from contacting the victim, coming near their home or workplace, or engaging in other specified behaviors.
3. Elder or dependent adult abuse restraining orders
   These orders are issued in cases of abuse or neglect of an elderly or dependent adult person. Elder abuse restraining orders may prohibit the abuser from contacting the victim, coming near their home or workplace, or engaging in other specified behaviors.
4. Workplace violence restraining orders
   These orders are issued in cases of violence or threats of violence in the workplace. Workplace violence restraining orders may prohibit the abuser from contacting the victim, coming near their workplace, or owning or possessing a firearm.
5. Stalking restraining orders
   These orders are issued in cases of stalking, which refers to a pattern of repeated and unwanted attention, harassment, or threats that cause fear or concern for the victim’s safety. Stalking restraining orders may prohibit the stalker from contacting the victim, coming near their home or workplace, or engaging in other specified behaviors.

Penalty for violating a restraining order

The penalty for violating a restraining order will depend on the laws of the jurisdiction in which the violation occurred and the circumstances of the violation.

Here are some of the punishments a person may face if they violate a restraining order:

1. Criminal charges: Violating a restraining order can result in criminal charges, which may carry penalties such as fines, imprisonment, or both. The specific charges and penalties will depend on the laws of the jurisdiction in which the violation occurred and the circumstances of the violation.
2. Restraining orders: Violating a restraining order may result in additional restraining orders being issued against the person who violated it. This may include orders prohibiting the person from contacting or approaching the protected person or going to certain locations.
3. Damage to reputation: A person who violates a restraining order may face negative consequences in their personal and professional life, as the violation may damage their reputation.
4. Strained relationships: Violating a restraining order may strain relationships with family, friends, and others in the community.
5. Emotional distress: Violating a restraining order may cause emotional distress to the protected person and may further harm the relationship between the two parties.

Factors considered when determining the penalty for violating a restraining order

Generally, the following factors may be considered when determining the penalty for violating a restraining order, which consequences are outlined above:

1. Type of offense
   Violating a restraining order may be charged as a misdemeanor or a felony, depending on the severity of the violation and the laws of the jurisdiction. A misdemeanor is a less serious criminal offense that typically carries a maximum sentence of one year in jail, while a felony is a more serious criminal offense that can carry a sentence of imprisonment for more than one year.
2. Prior offenses
   If the person who violated the restraining order has a history of violating restraining orders or committing other crimes, they may face harsher penalties.
3. Impact on the protected person
   The impact of the violation on the protected person may be taken into consideration when determining the penalty. If the violation caused physical harm or significant emotional distress to the protected person, the person who violated the restraining order may face harsher penalties.
4. Other factors
   Other factors that may be considered when determining the penalty for violating a restraining order include the specific terms of the restraining order, the circumstances of the violation, and the severity of the consequences of the violation.

How to Enforce a Restraining Order

If you have been granted a restraining order and the person named in the order is violating it, here are the steps to enforce a restraining order:

Step 1. Contact the police

If you believe that the person named in the restraining order is violating its terms, you should contact the police. It is important to inform the police as soon as possible, as well as provide them with a copy of the restraining order and any documentation of the violation.

Step 2. Document the violation

If possible, try to document the violation of the restraining order. This may include keeping a record of any communication or contact from the person named in the restraining order, as well as any threats or attempts to harm you.

Step 3. Inform the court

If the person named in the restraining order continues to violate its terms, you may need to inform the court. This can be done by filing a motion with the court, explaining the violation, and asking the court to take action.

Step 4. Follow up with the police

After you have contacted the police and informed the court, it is important to follow up with them to ensure that the restraining order is being enforced. This may involve providing additional documentation or testimony to support your case.

Step 5. Seek legal advice

If you are the person named in the restraining order and you have been accused of violating it, you should seek legal advice as soon as possible. An attorney can advise you on the steps you need to take to comply with the restraining order and avoid criminal charges.

What is considered a violation of a restraining order

A violation of a restraining order occurs when the person named in the order does not comply with its terms.

Some examples of actions that may be considered a violation of a restraining order include:

1. Contacting or communicating with the protected person
   This may include calling, texting, messaging, or emailing the protected person, as well as contacting them through social media or through a third party.
2. Approaching or coming within a certain distance of the protected person
   The restraining order may specify a certain distance that the person named in the order is required to maintain from the protected person. If the person named in the order comes within that distance, it may be considered a violation.
3. Going to a specific location
   The restraining order may specify that the person named in the order is not allowed to go to certain locations, such as the protected person’s home, workplace, or school. If the person named in the order goes to one of these locations, it may be considered a violation.
4. Making threats or attempting to harm the protected person
   If the person named in the restraining order makes threats or attempts to harm the protected person, it may be considered a violation.

Bail amount for violating a restraining order

The bail amount for violating a restraining order will depend on the laws of the jurisdiction in which the violation occurred and the circumstances of the violation. Bail is an amount of money that a person charged with a crime can pay to be released from custody while they await trial.

In some cases, a person who has been charged with violating a restraining order may be eligible for bail. The amount of bail will be determined by the court and may be based on factors such as the severity of the violation, the person’s criminal history, and the likelihood that the person will appear in court as required.

If the person is unable to pay the bail amount, they may be required to remain in custody until their court date. In some cases, a person may be released on their own recognizance, which means that they are released without bail but are required to appear in court as scheduled.

First offense violation of restraining order

The first-offense violation of a restraining order is a criminal offense that occurs when a person violates the terms of a restraining order for the first time. The penalty for a first-offense violation of a restraining order will depend on the laws of the jurisdiction in which the violation occurred and the circumstances of the violation.

In some cases, the first-offense violation of a restraining order may be charged as a misdemeanor, which is a less serious criminal offense that typically carries a maximum sentence of one year in jail. In other cases, the first-offense violation of a restraining order may be charged as a felony, which is a more serious criminal offense that can carry a sentence of imprisonment for more than one year.

In addition to criminal penalties, the first-offense violation of a restraining order may also result in additional restraining orders being issued against the person who violated it. This may include orders prohibiting the person from contacting or approaching the protected person or going to certain locations.

What happens if you violate a restraining order twice?

If you violate a restraining order twice, it is likely that you will face serious consequences, such as being arrested and charged with a criminal offense. The specific consequences you may face for violating a restraining order twice will depend on the laws of the state where the restraining order was issued, as well as the circumstances of the violation.

Depending on the circumstances, violating a restraining order may be charged as a misdemeanor or a felony. If you are convicted of violating a restraining order, you may face fines, imprisonment, and other penalties.

Conclusion

Violating a restraining order is a serious offense with serious consequences. It is important to remember that restraining orders are put in place for a reason and should be respected. Individuals facing a restraining order should seek legal advice and assistance to ensure that their rights are protected.

What happens if you violate a restraining order in various states?