What Happens if Someone Violates a Restraining Order?

There are many reasons why a restraining order is necessary for someone. For instance, if somebody threatens violence against you or your children, you may request a restraining order. Other reasons could be due to psychological abuse from a partner, a partner destroying your assets when you are in the middle of a divorce, or during a patent and trademark lawsuit against another individual. Yes, there are many reasons why a restraining order may be best for you and may make you feel protected in your time of need. But what happens when somebody violates the restraining order?

Fines and Penalties 

In some of the most serious cases where a protective order is broken, the person may serve community service, jail time, or pay large fines. However, in many states a violation is only considered to be a misdemeanor and may not even call for jail time. This should not be expected though, as sometimes misdemeanors can reach up to $5,000 in fines and a year in prison! In addition to this, many restraining order violations will come with other crimes. For instance, in some cases a woman may have an order out on her ex-husband and will find that he is stalking her. This could lead to aggravated stalking charges on top of breaking the order.

Let’s look at another scenario, though: What happens if somebody violates a temporary restraining order? The court usually will not look at these cases any differently. In many cases, a temporary order is only put in place for a more permanent one until a hearing can be held. The courts will still take your case very seriously. This is why, if you believe your restraining order has been violated and you might have a case, you should talk to an attorney who understands these unique laws. Call us today for more information.