A restraining order can be a very serious matter. If you violate a restraining order, you could face criminal charges.
A restraining order, also known as a stay away order, is a court-issued legal document that keeps someone from being within a certain distance of another person or property. These types of orders can be issued for a variety of reasons.
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1. Don’t Text or Call
A restraining order (also known as protective or stay away orders) is an official court document designed to protect individuals from assault, stalking and criminal threats. It outlines specific conditions including “no contact” rules, and the violator can be arrested for doing anything that goes against those restrictions.
In some cases, people have been charged with violating a restraining order even though they did not intend to do so. They may have mistakenly spotted the other person and out of fear or anger quickly reported that they had come within the prohibited distances from the order.
While it is understandable that people make mistakes, it is best to avoid these kinds of errors altogether. This is especially true because the consequences of a violation can be serious.
2. Don’t Go to the Ex’s House
Restraining orders are intended to protect a victim from harm, including threats of violence and physical assault. However, they can also have a negative impact on employment and immigration status. Depending on the nature of the original crimes committed by the aggressor, breaking a restraining order can result in jail time and thousands of dollars in fines.
To avoid violating a restraining order, it is best to avoid going to the victim’s house altogether. This is especially true if the restraining order specifies that you cannot be within a specific distance of your ex’s house.
If you are convicted of breaking a restraining order, the judge could sentence you to jail for up to 2 years. This is why it is essential to keep a copy of the restraining order with you at all times.
3. Don’t Go to the Ex’s Work
Restraining orders are usually associated with domestic violence, and can include more than just restrictions on physical contact. They also often restrict electronic communication and can even prevent a person from being near the victim’s workplace.
If you work together, try to communicate via a separate email or text account (and never on your company-provided device). It will be hard to enforce radio silence, but do what you can. Also, avoid communicating about personal issues in the office and try to meet outside of work hours.
Being accused of violating a restraining order is serious business and can impact your reputation, job, immigration status, public housing, and citizenship, among other things.
Hiring a criminal defense attorney who is acclimated to contentious cases can put you in the best position to fight false allegations.
4. Don’t Go to the Ex’s Place of Business
In some cases, people are charged for violating protective orders when they don’t really have a legal right to do so. Protective orders are not just imposed for domestic violence, they can be placed on anyone the alleged victim feels is a threat. This can include people who are not intimate or close to the person, such as co-workers, neighbors, and acquaintances.
It is important to keep a copy of the order with you at all times, and to show it to police any time you are approached. A violation of a protective order can carry serious penalties that can impact multiple aspects of your life, such as employment and custody arrangements. It’s also not uncommon for someone to falsely accuse you of a violation of an order out of anger or fear.
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5. Don’t Go to the Ex’s Place of Employment
While it may be hard to avoid running into your ex at work, it is important to do everything possible to limit contact. This could be as simple as avoiding their office “hangout” spots (the lounge or cafe around the corner are usually safe bets) and trying not to be in the same room as them when you can.
Violating a restraining order is treated as contempt of court and can carry serious criminal penalties. First time offenses are typically charged as a misdemeanor, but subsequent violations within a short period of time can be elevated to a felony. A felony conviction can impact your ability to secure employment or public housing, and can also lead to fines or jail time. This is another reason it is so crucial to seek a skilled criminal defense attorney.
