What happens if you disobey a restraining order

They start in the days immediately following the arrest — as little as the very next day — and they usually will continue until the charges result in a conviction or a dismissal. When the charges result in conviction, many of the restrictions in the protection order will continue as terms of probation. Anyone can file a petition to ask a civil court judge to enter a restraining order directly against someone who:.

These restraining orders are designed to shield the petitioner the one who files the request from:. The judge will review the petition and, if he or she believes the allegations meet the legal standard, may enter a Temporary Restraining Order TRO for 14 — days to give the respondent an opportunity to raise a defense at a hearing. Whether you are faced with a criminal domestic violence protection order or a civil restraining order, many of the restrictions are the same.

However, many protection orders include prohibitions against:. In Texas, the first time a person violates a protective order, it is considered a misdemeanor. Although it is a misdemeanor, a person will still face consequences such as being arrested by the police.

If law enforcement has reason to believe that an order was violated based on self-admission, witness statements, or physical evidence, a person will be arrested. If the person that has broken the order is found to be a danger to the victim, it is possible to be held in jail without bail until court.

Once the court date arrives, the judge will use the evidence that is provided to determine if a violation has actually occurred. If the violated is convicted of violating a restraining order, it is a Class A misdemeanor. If the violated has violated the order previously, they could face between years in prison under a third-degree felony.

Once the ruling has been determined, the protective order will remain in place. If someone has been hit with a restraining order, they can fight against the order.

When a perpetrator chooses to challenge a protective order, their attorneys will seek to do one of the following:.

When someone has been charged with a violation, it is up to the court to prove that the order was violated with a criminal motive. The defense, in some cases, will seek to verify that the alleged violation was committed unintentionally. When it comes to domestic violence, the courts and prosecutors do not take these crimes lightly. Therefore if you seek to fight a restraining order, it will take an attorney that is skilled in this area and will help to get you out of serious trouble.

If the evidence is weak, the defense may opt for either dismissal or a lesser consequence. Lesser consequences maybe anger management, better counseling, or any other form of an agreement. We understand that taking out a restraining order on someone or being hit with one can be quite overwhelming and confusing. What happens if you violate a restraining order? If you need help with a potential case that involves seeking a restraining order on someone, contact us today.

This kind of order is put in place to restrict you from taking certain actions and protect a person.

The aim of this is to prevent you from causing further harm or anguish to the person who applied for it. Restraining orders may be applied in cases of domestic violence, stalking, harassment or causing unnecessary suffering or anguish.

The limitations and requirements of each injunction or order that is put in place depends on the issues the court intends to address. This means that any actions that might constitute you breaching your restraining order will vary from case to case.

If it is reported to the police that you have breached your restraining order, it is highly likely that they will take action against you. Depending on the type of order that has been imposed and the way in which you have allegedly breached it, you may be taken into custody as officers investigate the complaint. This, again, depends on the seriousness and nature of your alleged contravention of the terms of your order.

If you have committed repeated restraining order breaches within 2 years, there is a possibility that you will be handed the maximum penalty. An attorney should also protect your rights and provide invaluable guidance until your matter is resolved.

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Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Market Your Law Firm. Lawyer Directory. Call us at 1 Violation of a Restraining Order. Several kinds of restraining orders exist. Violating some will lead to civil liability, while violating others can result in a criminal conviction.

Contempt of Court, Fines, and Incarceration A violation of some types of restraining orders can result in a charge of contempt of court and the imposition of civil penalties such as civil fines. A Washington court may also incarcerate an individual as a remedial sanction if the person: fails to obey a lawful judgment, decree, order, or process of the court refuses to appear, take the oath to testify truthfully, or answer a question unless the person has a legal right not to answer a particular question , or refuses to produce a document, record, or object without a legal right to do so.

Criminal Charges While a violation of a restraining order can result in a court finding of contempt and the imposition of civil penalties, a violation of an order such as one that targets domestic violence or stalking can result in arrest and prosecution for a criminal offense. Firearms and Federal Law Restraining orders typically contain provisions forbidding the restrained person from possessing firearms.