A restraining order is a binding court order that places restrictions on one person for the sake of protecting another from harm, harassment, or contact.
Usually, intentionally or unintentionally breaching a restraining order is against the law and has serious legal consequences.
The court takes violations seriously, and even minor breaches of the terms of the order carry criminal charges.
When subject to a restraining order, it is important to know the ramifications of breaking it.
It is important to seek legal assistance if, by any chance, you violate a restraining order. The restraining order attorneys at Olen Firm, P.C. and other top firms can advise you, craft a strong defense for you, and provide the best possible outcome for your case.
The following are the main penalties imposed on those who disobey restraining orders.
- Criminal Charges
One of the most immediate and serious punishments for violating a restraining order is being charged with a crime.
It is typically treated as a misdemeanor in most instances but may be elevated to a felony under some circumstances.
In most cases, a misdemeanor offense is punishable with one year of jail time in the county, up to $1,000 in fines, and probation, counseling, or community service. Therefore, it’s important to seek legal services if you ever find yourself in such a scenario.
- Multiple Violations Lead to Harsher Penalties
One order violation can be punished with probation or reduced sentencing for the offender, but repeated violations are treated more severely. If one repeatedly ignores the provisions of the order, one is likely to be prosecuted for felonies, longer prison or jail terms, and higher fines.
Courts treat repeated violations as part of the pattern of behavior and may impose higher penalties and permanent criminal consequences.
- Impact on Child Custody and Parental Rights
For individuals who are the subject of family court proceedings, violating a court order can have severe consequences for visitation and child custody rights. This is because family courts consider violations evidence of an inability to follow court rules and may suspend or revoke visitation and custody rights.
In severe cases, repeated violations can even result in losing parental rights.
- Loss of Firearm Rights
Violating the restraining order may result in being deprived of the right to carry firearms. Federal as well as state legislation prohibits possession of firearms for individuals subject to certain types of restraining orders, especially for domestic violence.
In such instances, violation may result in the immediate seizure of firearms and the permanent prohibition of gun possession.
Final Thoughts
Violation of the restraining order has severe consequences like criminal charges and imprisonment as well as long-term legal consequences. A violation, even if not intentional, may result in arrest and prosecution. To prevent such penalties, it is essential to go through the terms of the restraining order carefully and abide by all restrictions. If you are of the opinion that the restraining order has been issued unjustly or need modifications, it is advisable to seek legal advice so that your rights are not violated and serious legal issues are not raised.
