When you file a case against anyone who’s threatening you or harassing you, you have an option to request for a restraining order against him. The restraining order is also known as a protection order in some states.
This prevents the accused from coming near to the petitioner; sometimes, the petitioner gets police protection if the case is severe. The court orders to take action against the one who breaks the restraining order.
You’ll have to face some problems if you violate the restraining order despite being a petitioner. Let’s know the problems of violating the order.
When You Can Petition for Restraining Order
You can’t accuse anyone or petition of restraining order easily if your case is not strong enough. Do you know when you can request for a restraining order? The cases are:
- If you’re a victim of domestic violence, the person you’re living with is being physically abusive with you. The person can be your living partner or your family members.
- You can request for protection if you’re getting any dangerous threat from anyone. You need to show proves to the court for petitioning for a restraining order.
- If you come to know that someone is always stalking you and hampering your personal life and privacy, you can go for a restraining order petition.
- If you’re sexually assaulted, or anyone attempted to assault you, you need protection from the law to ensure your safety; a restraining order is the best way.
Some Restrictions During Restraining Order
You will face some changes during the period of the restraining order; you won’t have the freedom you used to have before such as:
- Suppose you filed a case of attempt to murder against someone, or you’re receiving threatening calls or texts; you will have 24-hours police protection. This act will hamper your privacy because you’ll always have someone with you.
- You can’t meet or call the accused person during restraining order; elsewhere, you and the accused both can be charged. If the person tries to contact you, the blame may come upon you.
- If the accused person is your living partner, you should immediately change your residence. You’re not allowed to live under the same roof with the person you’ve complained against.
- You may have to undergo some drugs and alcohol tastes when you appeal for a restraining order.
- You can’t carry any weapon because you will get protection from trained officers, and the court will make sure that you’re safe.
Are You Allowed to Break Your Petition?
NO, you’re not allowed to break the rules of the restraining order. Once your appeal is granted, the whole decision goes in the judge’s hands. Only he/she can increase or decrease the time frame of the order.
Moreover, if you want to negotiate or reconcile, you have to ask for the court’s permission. You can’t meet, call or message the alleged person until the court permits you.
When you petition for a restraining order, you should decide that and be determined that you want to take this action. You can’t break the rules out of sentiment or emotions.
What Happens if You (Petitioner) Violate the Restraining Order
- If you violate your petition, you will get arrested despite being a victim. Because breaking the protection protocol, the court ordered for your safety will be a misdemeanor, and being a petitioner, you’re not supposed to do that.
- You may be sentenced with six months to one year jail, or the court can fine you with a thousand dollars as a penalty. The court will charge these if you break the order for the first time.
- If you violate the restraining order for the second time, the court will take more strict actions against you; you may have to go to jail for five years.
- Sometimes, the convicted can suffer for your actions too. Suppose you willingly met or called the alleged; if the court comes to know about it, they will take action against him.
- If you want, you can file your case from both family court or civil court. If you break the order of a civil court, you may be jailed for 3-12 months and may have a penalty of $250-$1000.
- In some states, if you break the restraining order, your filed case will be dismissed. On the other hand, you won’t get any protection and will be alleged to waste the court’s valuable time.
What Will You Do After Violation of Orders
- If you somehow break the court’s order, try to hire a lawyer to defend you as soon as possible. The lawyer can try to save you from additional charges and decrease the penalties you’re given.
- If you’re willing to make any conversation, you’ll have to inform the judge and he will decide the rest and what to do.
- If the person charged with a criminal case tries to harass or stalk you, inform everyone on time. The court will decide how more charges to put on the convicted. Thus you won’t be alleged for violating the restraining order.
- If you intentionally break the rules, get ready to go in jail because the law related to violating a restraining order is strict. If the court orders for an economical penalty, keep the money ready.
It’s not easy to stay away from an intimate person, but nothing is precious than you’re life. So, if you’re facing any severe problem such as physical abusing, threats or others, you should go for a restraining order.
You’ve to be strong enough to fight against someone whom you were close. Know the directions, what you can do or can’t do before deciding to file a case. Don’t take the law and judiciary system lightly, and don’t be ignore the orders.
Don’t think you can do whatever you like, as you’re the prosecutor. If you break the law, you will be in a worse situation too. While staying in restraining order, be careful with your deeds.