Restraining Orders Can Be Complicated, But Violating Them Is Always Serious

Restraining orders—sometimes called protection orders or stay-away orders—are legal orders issued by a judge to protect someone from being harmed or harassed by another person. They can order someone to stop abusing, threatening, stalking, or even contacting the person seeking protection. But what happens if the restrained person violates the order?

Well, violating a restraining order is always illegal. The specifics depend on your state laws, but there are some common nationwide trends. I’ll walk through the basics here, but remember I’m just a blogger, not a lawyer! If you need legal advice about your specific situation, please contact an attorney in your area.

The Most Common Restraining Order Violations

There are a few main ways someone can violate a restraining order:

• Having any contact with the protected person when the order prohibits contact. This includes in-person contact, calls, texts, emails, social media, etc. Basically any communication, direct or indirect.
• Going near the protected person’s home, workplace, school, or other protected locations listed in the order. Even if the violator doesn’t make contact, just showing up at a prohibited place is illegal.
• Harassing the protected person through any means, like having others contact them on your behalf.
• Hurting, threatening, intimidating, or stalking the protected person in any way.

Of course, the specifics depend on what the restraining order actually prohibits. But in general, any unwanted contact or even attempts at contact can potentially be a violation.

What Happens If Someone Violates a Restraining Order?

Simply put, violating a restraining order is a crime. The victim can call the police to report a violation. The police will usually try to locate and arrest the violator. From there, a few things can happen:

• Criminal charges – Violating a restraining order is often a misdemeanor, but can be a felony in some cases. Jail time is possible. Fines may also be ordered.
• Extended or modified order – The court may extend the length of the existing order or add additional restrictions if the violator is convicted.
• Contempt of court – The judge may charge the violator with contempt of court for violating a court order. This can result in fines or jail time.
• Civil penalties – In some states, the victim can sue for money damages related to the violation.

So in short, violating an order can land you in jail, extend the restrictions, create a criminal record, and/or cost you serious money in fines and civil judgments. Even an accidental violation can have consequences, so it’s critical to strictly follow restraining order terms.

Defenses to Restraining Order Violation Charges

There are a few possible defenses if someone is wrongly accused of violating a restraining order:

• Invalid order – If there were legal errors in how the order was issued, it may be invalid or defective. This defense argues the order should never have been issued in the first place.
• Unclear terms – If the order’s restrictions are vague or unclear, and the defendant reasonably didn’t understand the prohibited conduct, this may be a defense.
• False allegations – If the accuser is lying or mistaken about the violation, the defendant can argue they did not actually violate the order. Evidence like phone records, witnesses, receipts, etc. can show the defendant couldn’t have violated it.
• Self-defense – In very limited cases, violating an order may be legally justified for self-defense from imminent harm. But this is not a common defense.
• Lack of notice – If the defendant was never properly notified about the restraining order, they may not have known about the restrictions. But lack of notice is hard to prove.

In reality, these defenses don’t always work when raised in court. The terms of most orders are pretty clear. Prosecutors can argue the defendant should have known to stay away from the protected person. But if you’re falsely accused, an experienced lawyer may be able to challenge the allegations effectively.

Restraining Order Violations Should Always Be Taken Seriously

The bottom line is that restraining orders exist for good reason – to prevent domestic abuse and keep victims safe. Any violation throws that protection into jeopardy. So all violations should be reported and taken very seriously.

That said, restraining orders affect both parties significantly. The accused loses freedoms, like being able to go certain places, or even see their own children. It can feel unfair if you’re wrongly accused. But an order still must be followed or challenged legally. Self-help violations are never OK.

If you’re struggling with a restraining order’s impacts, reach out for help from professionals, loved ones, or support groups. Or speak to a lawyer about modifying the order if certain terms seem unreasonable. But violations will only lead to more legal troubles.

Restraining orders play a vital role in abuse prevention. While at times imperfect, they likely err on the side of caution to protect victims. Some reasonable restrictions on the accused are a small price to pay for that added security. So violations should always be taken very seriously, even if accidental. Stay safe out there, folks.