Violation of a Restraining Order
Violation of a restraining order, otherwise known as a protective order, is considered contempt of court. Breaking a restraining order can result in a variety of penalties depending on the severity of the violation, as well as the specific terms of the order and the state in which the incident occurs.
Penalties for Violation of a Restraining Order
If someone violates a restraining order, it generally means that the individual breaking the restraining order can be immediately taken into custody and taken to jail. The sentence served will depend on the specific terms of the restraining order. Violators may also be subject to criminal charges, either at the felony or misdemeanor levels, as well as subject to various fines.
In addition, repeated violations of a restraining order can, in some jurisdictions, lead to charges of aggravated stalking and other advanced crimes. These lead to stricter penalties, including increased jail time and fines. Repeat restraining order violations in some states can result in top-level felony charges and up to three years in prison.
These rules generally apply whether the restraining order in place is temporary or permanent. The court draws no distinction between the two, since many times a temporary order is just a placeholder for a more permanent one, which is usually issued on the date a court hearing is scheduled. In all cases, provided the order is official, any violation of a restraining order can and will lead to the consequences described above. The person who holds the restraining order often has no say in whether the penalties are actually applied, so that person cannot change her mind and refuse to press charges once the order has been violated.
Legal Help for Restraining Order Violations
If you are accused of violating a restraining order, you need to get legal help immediately in order to take any steps you can to minimize the potentially serious criminal penalties that you are likely facing.