A restraining order is a legal order that the court issues. The person it is issued to must maintain a certain distance from another individual to ensure safety. Such orders are issued in cases involving harassment, domestic disputes, etc.
Although such orders are issued to protect a person, they can also be issued due to misunderstandings or false accusations. If a person were to violate the terms of the order, be it by mistake or intentionally, they could face severe legal consequences.
If a person is facing a restraining order, then it is ideal to hire the best restraining order attorney to understand their legal rights and options better.
This blog aims to provide a better understanding of restraining orders and the legal consequences of violating them.
Understanding Restraining Orders and Their Conditions
Restraining orders have certain categories that compartmentalize the duration of the order. There are three types of restraining orders that are issued by the court, namely:
- Temporary Restraining Order: They are issued to provide the victim immediate protection from the accused. Once a person files a petition, they meet the judge the same day, and if the judge deems that the person is in danger, they will issue a temporary restraining order against the accused. As such orders last only for a short period, the parties involved must attend the hearing to state their arguments. The court then decides whether to keep, change, or end the order.
- Permanent Restraining Order: They are issued after the final hearing if the accused is proven guilty of the crimes they are accused of. These orders have a longer period and can have modifications that the judge deems fit for their case. This can include matters regarding the use of residence, parenting time, and child custody.
- Criminal Protection Order / Emergency Protective Order: The court usually issues them after law enforcement officers request them. Such requests occur when law enforcement responds to emergency cases. Such orders are often valid for a short time, allowing both parties to state their arguments before the final verdict is passed. Victims can also appeal for an extension for the duration of the case.
- Let’s take a look at some specific types of restraining orders:
- Domestic Violence Restraining Order
- Civil Harassment Restraining Order
- Elder Abuse Restraining Order
- Workplace Violence Restraining Order
Penalties for Violating a Restraining Order
If the accused were to violate any of the terms listed in the restraining order, they might face penalties like:
- Fine: Fines can be substantial. Based on the severity of the accused’s violation, the court will establish a specific amount the accused must pay.
- Arrest and Imprisonment: If a person has violated a restraining order, they can get arrested for the same. Depending on the severity of the violation, the accused might even face jail time.
- Probation: The court might put the accused on probation, depending on the situation. This means they will have strict conditions that require them to go for counseling, check in with their probation officer, etc.
- Further Legal Complications: Violation of a restraining order can add up more charges against the accused, such as:
- Harassment or stalking charges
- Contempt of court
- Implementation of stricter rules under the initial order
If the accused has a history of similar behavior or criminal history, the penalties implemented can be more severe than those of a first-time offender. It is to be noted that unintentional contact with the accuser is also considered a violation of the restraining order.
Conclusion
A restraining order is a legal matter that should not be taken lightly. Violating the terms mentioned in the order will lead to consequences that will worsen the matter. Understanding all the aspects of an order is necessary to avoid additional complications.
If a person is served a restraining order, they must hire a restraining order attorney. They can help the accused understand all the terms and represent them if falsely accused.