What to Know When Accused of Violating a Domestic Violence Restraining Order
If a restraining order is being enforced against you, you want to what you can and cannot do to avoid mistakes that can make your situation worse. A domestic violence restraining order contains requirements that must be met no matter the occasion and your circumstances. You can’t excuse the holidays for seeing your children or other loved ones when the order prohibits it. Because of the complex terms an order may contain, you need an attorney on your side immediately. With your attorney, you can learn more about your legal options and the things you must not do to avoid further issues with the law.
Restraining orders issued by a judge due to domestic violence charges must not be taken lightly. Often, violating an order is a fourth-degree indictable crime.
Penalties You May Face When You Violate a Restraining Order
A restraining order is a court-issued order, so violating it constitutes contempt of court. Examples of acts that violate a domestic violence restraining order include stalking, harassment, cyber harassment, and trespassing. When convicted of this violation, you can face up to eighteen months in prison and a maximum of $10, 000 in fine. These penalties are imposed when the violation involves any of the crimes cited above. Otherwise, the consequences of an order violation include up to six months of jail time and a fine of up to $1, 000.
Moreover, a violation of a restraining order can make it hard to get acquitted of the original charges or have these charges dropped. With a restraining order, you will be forced out of your house, demand you to avoid your kids, and stop you from keeping in touch with your accuser. When a judge issues an order for your spouse or partner, you can be falsely accused of violating the order and get arrested by the police. An experienced lawyer can reveal the false accusations and show evidence that you did not violate the restraining order. You may be violating the order when you contact the party that sought the court order, visit your household, approach the accuser, or harass the other party.
How to Defend Yourself Against a Restraining Order Violation Charge
If you are facing charges of violating a restraining order related to domestic violence, your attorney can help you deal with the situation. They can assert several defenses for you including not acting knowingly or purposely and false accusations. No matter the circumstances involved, you must depend on sound legal advice.