Restraining Order Crimes

What Is a Restraining Order

Restraining orders are just that: court orders telling the restrained person not to do certain acts. The purpose of a restraining order is usually to protect another person. A common restraint is a no-contact order, meaning the restrained person must not visit, or even call or text, the protected person. But restraining orders may also order the restrained person out of a home, school, or workplace, and require or prohibit other acts, such as not to touch a savings or checking account, or not to carry a weapon.

Restraining Order Crimes

A restraining order is not in itself a criminal charge. But the restrained person who violates the restraining order may well be committing a crime. Judges may have contempt of court powers to punish a person who violates a restraining order. A judge holding a person in contempt of court may jail or fine the person. But states also commonly define the violation of a restraining order as a crime in itself. Prosecutors may thus charge the violation of a restraining order rather than waiting for the judge to hold the person in contempt of court.

Types of Restraining Orders

States may have two types of restraining orders. Criminal courts routinely impose criminal protection orders against defendants charged with certain crimes. For instance, a defendant charged with domestic violence will typically face a criminal protection order not to contact the alleged victim. Prosecutors may be able to charge the defendant with another crime for violating a criminal protection order, such as by contacting and threatening a victim or witness, whether or not the judge holds the criminal defendant in contempt.

Civil courts also frequently impose civil restraining orders. A common civil restraining order is in a divorce case in which the plaintiff spouse alleges domestic abuse. The order may restrain the defendant spouse from contact. But civil courts may also have authority to issue a restraining order to any individual who applies for it, if the individual shows that another person has committed or threatened to commit violence against the individual. Some states authorize prosecutors to charge the restrained individual with a crime for violating the civil restraining order, whether or not the judge issuing the order holds the violator in contempt of court.

Consequences of a Restraining Order Crime

A criminal conviction for violating a restraining order can carry serious criminal penalties. A criminal conviction for violating a restraining order can also carry severe collateral consequences. Weigh both the criminal penalties and collateral consequences. Your collateral consequences of a conviction may be worse than the punishment for the crime.

Criminal Penalties for Violating a Restraining Order

States generally punish more severely the violation of a criminal protective order. The criminal defendant who contacts a victim or witness in violation of the order may face a high level misdemeanor penalty such as up to a year and a half in jail, plus a fine of a couple thousand dollars. The person who violates a civil restraining order and suffers criminal conviction for doing so may face a lower level misdemeanor penalty such as up to a year in jail and a fine of a couple hundred dollars. Probation, court costs, and restitution are also potential punishments.

Consequences for Child Custody of Violating a Restraining Order

Conviction for violating a restraining order can also have severe consequences in a child custody dispute or other family court proceeding. To award child custody or even child visitation, the judge must generally believe that the party will respect the court’s orders as to the custody or visitation terms. Violating a restraining order already shows that the defendant is not willing to follow orders. You could lose child custody or visitation rights for a criminal conviction of violating a restraining order, especially an order entered in the child custody case.

Consequences on Employment of Violating a Restraining Order

Conviction for violating a restraining order protecting another person can result in disciplinary charges against any professional license or vocational certificate you hold. Violating a restraining order can show that you are a safety and security risk. If your profession or vocation brings you into contact with vulnerable individuals such as the sick, elderly, or disabled, or children, then you may lose your license or certification. You may then lose your job along with your discipline. Your employer may on its own terminate your employment simply because it believes you to be a safety and security risk.

Other Consequences for Violating a Restraining Order

Conviction for violating a restraining order can affect your immigration status, or your security clearance or firearms license. You could then lose your employment or even your U.S. residence as a further result. Your conviction could also ruin your community reputation and relationships, interfering with other rights and privileges. You have far too much at stake to do anything other than defend the charges with our skilled and experienced representation.

Defending Restraining Order Violation Charges

You may have a defense to a criminal charge that you violated a restraining order. Keep in mind at all times that a charge is not the same as a conviction. A charge just means the prosecutor has filed a criminal court complaint alleging your wrong. It does not even ensure that the prosecution has admissible evidence proving the charge. Defenses to a restraining order violation charge, and mitigating circumstances, may include:

• the court did not serve you with the restraining order;
• you were not otherwise on notice of the court’s restraint;
• you did not violate the restraint;
• the person alleging your violation is lying and manipulating;
• your violation was innocent and unintentional;
• your violation led to no injury, harm, or endangerment;
• the protected person induced and invited the violation.

Premier Criminal Restraining Order Defense Nationwide

Don’t let a criminal charge for violating a restraining order intimidate you into admitting to the charge. Instead, retain the Lento Law Group’s skilled and experienced attorneys if you face criminal charges for violating a restraining order. Our premier defense is available nationwide. Call 888-535-8652 today for your defense.