Facing a restraining order can be a highly stressful situation. When someone claims that you have threatened or harmed them, the court may issue a restraining order to protect that individual. If you find yourself in this difficult situation, it is crucial to understand how to address the restraining order against you.
Exploring your legal options is vital during this time. This is where the restraining order attorneys at the Olen Firm step in. With the right guidance, navigating the process becomes less overwhelming and more focused on regaining a sense of control.
Let’s discuss the different types of restraining orders and what the law says about breaking them.
What Is a Restraining Order?
A restraining order is a legal document issued by a court to protect someone from being harmed, contacted, or approached by another person. It’s usually given in cases involving domestic violence, stalking, threats, or harassment. Once in place, the person named in the order (often called the “respondent”) must stay away from the person who requested it (the “protected person”).
These orders can cover physical distance, restrict communication (like phone calls, texts, or emails), and even remove someone from a shared home. Breaking any of these conditions can lead to serious consequences.
Types of Restraining Orders
1. Emergency Protective Order (EPO)
This is the quickest kind of restraining order. Law enforcement officers usually request it when they believe someone is in immediate danger. A judge can approve an EPO even if the victim isn’t present. These orders typically last a few days, just long enough for the person to seek a longer-term solution in court.
2. Temporary Restraining Order (TRO)
When someone applies for a restraining order, the court may first issue a TRO. This order offers short-term protection until the court can hold a full hearing. TROs are meant to keep the peace until both parties have a chance to tell their side of the story.
3. Permanent Restraining Order
If a judge believes the threat is ongoing or serious enough, they can issue a permanent restraining order. Despite the name, it’s not necessarily forever. In most cases, it can last several years but can be extended if needed. These orders often come after a full court hearing.
4. Criminal Protective Order
This type of order is issued as part of a criminal case, often when the accused is charged with domestic violence, assault, or similar crimes. It helps protect victims during the legal process and sometimes even after the case is over.
What Happens If Someone Violates a Restraining Order?
Violating a restraining order is a serious matter. Even if the person claims they didn’t know about it or didn’t mean to break the rules, the law takes it very seriously. Here’s what can happen:
- Arrest on the Spot: Police can arrest the violator without a warrant if they believe the restraining order was broken.
- Fines and Jail Time: Depending on the situation, breaking the order can lead to fines, jail time, or both. A first offense might result in a misdemeanor, but repeat violations can lead to felony charges.
- Additional Charges: If someone violates the order by committing a crime (like assault), they can face charges for both the violation and the new crime.
- Impact on Custody or Immigration Status: In family court, violating a restraining order can hurt someone’s chances of gaining custody of their children. It can also affect a person’s immigration status or ability to stay in the country.
Final Thoughts
Knowing which type of order is issued against you and understanding the consequences of violating one can make a real difference in your life. If you or someone you care about is facing restraining orders, don’t hesitate to reach out for help. The legal system has tools in place to keep people safe, and with the right support, you don’t have to face it alone. Stay informed, stay safe.