Violating the Restraining Order
A restraining order is issued by the court, therefore violating any part of the order is deemed as contempt of court and is punishable by law. Even if the defendant believes that an order was obtained under false pretenses, not served properly or was obtained by illegal means, he is still obligated to follow the order until he can present his side in court.
Violating Restraining Order Provisions
Provisions, or specific rules, are written in the restraining order detailing where a defendant is not allowed to be, and actions they are not allowed to take. Though it seems simple, often situations arise which can invite restraining order violations. Any violation, no matter how simple is punishable by law. The defendant can be immediately arrested for a violation and be required to pay fees, fines and even serve jail time. Contempt of court charges are permanently listed in the defendants criminal record. Depending on the order and the state in which in was served, additional charges can be filed against a defendant who violates its terms.
Things to consider –
- If the defendant must contact the person who filed the restraining order, they should do so only through their lawyer.
- If the defendant must return to a residence which is included in the restraining order, they must notify the police and request a Civil Standby process, wherein the police standby at the residence while the defendant enters the residence and gathers his belongings. Civil Standby does not guarantee the defendant will not be charged with violating the order.
- The person who filed the restraining order does not have the power to lift the order, only the court can.
- The person who filed the order is free to contact the defendant, it is the defendant who is unable to communicate.
- If the person who filed the order invites the defendant to the home, or other place named in the order as a ‘stay away’ zone, the defendant can be arrested for a violation.
- The defendant should always make note of any victim-initiated communications to present to the court
- If the defendant and the victim make peace and want to be free to communicate, they can present their case to the court, but there is no guarantee that the stay will be lifted.
- Any violation of the order can result in an extended restraining order being placed. Restraining orders can be extended up to five years.