If someone violates a restraining order, they face serious legal consequences because a restraining order is a court-issued legal order that must be obeyed. The consequences include:
- Arrest and criminal charges: Law enforcement can arrest the violator without a warrant. The violation is a criminal offense and can be charged as a misdemeanor or felony depending on the severity and circumstances. Even minor breaches like contacting the protected person via text or social media can lead to charges
- Penalties: If convicted, the violator may face fines ranging from hundreds to thousands of dollars, probation, community service, or imprisonment. Jail time can be up to a year for misdemeanors, and felony violations can result in several years in prison. Repeat offenses or violations involving violence increase penalties
- Modification or extension of the order: Courts may modify or extend the restraining order to provide additional protection to the victim after a violation
- Impact on family and other legal matters: A violation can negatively affect child custody or visitation rights, as it demonstrates unwillingness to comply with court orders. It may also influence other legal proceedings and immigration status
- Specific felony circumstances: In some jurisdictions, violations involving entering the protected person's home secretly, assault, stalking, or violations while armed with a weapon can be charged as felonies with harsher penalties
- Enforcement: Victims should report violations promptly to police and keep a copy of the order to ensure enforcement. Police reports are important for legal follow-up and potential court actions
In summary, violating a restraining order can lead to arrest, criminal charges, fines, jail time, and long-term legal consequences affecting custody, immigration, and personal freedom
