What Are the Consequences of Violating a Restraining Order?
Restraining orders are legally binding verdicts courts issue to control the conduct of various parties in a civil lawsuit, end a public nuisance or safeguard victims of domestic violence. A restraining order can be permanent or temporary, depending on the magnitude of the defendants' actions.
Getting a restraining order is laborious and time-consuming, as you have to undergo numerous processes to get your restraining order. Involving an experienced legal consultant, such as
DoNotPay can help you get a restraining order in a hassle freeway. Defendants must obey restraining orders, as violating protection orders makes them prone to various legal consequences. The consequences vary based on the terms of the restraining order.
DoNotPay can help you address restraining order problems successfully through its "Relationship Protection" product. States have different policies regarding restraining orders. DoNotPay helps you determine the rules and relevant authorities that deal with restraining orders in your state. Using DoNotPay guarantees optimal success in a convenient way.
Understanding a Restraining Order
A restraining order is a court order prohibiting interaction between individuals. Primarily, a restraining order is meant to safeguard an individual who has been a victim of physical or sexual abuse, stalking or threats. The names given to restraining orders vary from one state to another. However, the most common phrases used to refer to restraining orders include protective orders, orders of protection, or injunctions.
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Protective orders are issued to safeguard a victim from domestic violence, especially if you are in a toxic relationship. On the other hand, injunctions are administered to manage parties' conduct in a civil dispute, especially those involving assets such as land, buildings, or vehicles. They are meant to prevent property loss before the civil conflict is settled. All defendants are obliged to adhere strictly to all the provisions in restraining orders.
Restraining Orders Are Classified Into Three Major Categories:
|Types of Protective Orders||Used When:|
|Emergency protective order||An emergency protective order is issued before a full hearing. It mainly protects victims of domestic violence, especially if their lives are at stake. Its validity varies from one state to another. It expires within three days of issuance but can be extended to 14 days, depending on when a court hears your case.|
|Preliminary protective order||It is issued before the full hearing of a case, especially if the complainant has filed prima facie claims of violence. The restraining order is meant to protect the complaint from harm, especially if the court is likely to rule in its favor. It is valid for up to 15 days but can be extended depending on the time the full hearing will be heard.|
|Final protective order||It is issued after a full hearing in court and the determination that the person seeking the restraining order has been a victim of physical or sexual assault and that they are likely to suffer more in the future unless the protective order is issued. It can last for up to two years.|
What Are the Consequences of Violating Restraining Orders?
Restraining orders are legally binding documents; hence any violation attracts various penalties depending on the provisions violated. The consequences of violating a restraining order can be civil or criminal.
The Penalties Are Briefly Described Below:
- Fines and Incarceration – If you are found guilty of contempt of court regarding the restraining order, you are liable to court fines or incarceration. Fines are mainly issued for injunction violation. Penalties issued depend on the terms of the injunction. If you fail to pay the fine or if your injunction violation is grievous, you can be incarcerated.
- Arrest and Prosecution – Violating restraining orders associated with domestic violence, physical or sexual assault, or stalking is considered a criminal offense. Therefore, you are likely to be arrested and prosecuted. You risk a jail term of up to one year and a fine of around $2500.
- Firearm and Federal Law – Possessing a firearm while under a restraining order is considered a state and a federal offense. The violation has dire consequences, primarily if your restraining order was associated with physical and sexual harassment, stalking, or threats. States consider a firearm violation a misdemeanor; thus, the punishment might be lenient. However, if you are charged under federal law, the consequences are severe.
Getting a Restraining Order Using DoNotPay
DoNotPay eliminates all the troubles you encounter while getting a restraining order. First, it helps you get the necessary documentation and proof to present in court. It offers you concrete guidance on how to file your restraining order successfully. Using DoNotPay is straightforward. It only requires you to follow simple steps in its "Relationship Protection" product.
The steps are as follows:
- Search for relationship protection on DoNotPay.
- Answer a few easy questions on our File a Restraining Order product.
- Submit the form and you’re done!
What Else Can DoNotPay Do for You?
DoNotPay offers many social and legal services other than sorting out restraining order issues. Some of the services it provides include:
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Use DoNotPay to get your restraining order easily and conveniently by signing up on the platform!