The purpose of a domestic violence protective order, or “restraining order,” is to protect a person who is suffering from emotional, physical, or sexual harassment or violence.
Each year, courts across the United States issue millions of protective orders for incidents relating to domestic violence, threats of violence, stalking, and harassment. Unfortunately, it’s estimated that approximately 800,000 of these protective orders are issued based on false allegations. Many people challenge these protective orders just to break free from the social stigma and legal repercussions that could easily ruin their careers and quality of living.
Regardless of jurisdiction, all protective orders establish:
- Who can file for an order
- What protections are granted to the petitioner
- How the order is to be enforced
When a petitioner’s request for a restraining order is granted by the court, they are legally considered a “protected person.” The person they seek protection from is referred to as the “restrained person.” If a restrained person disobeys the court order, they may face severe legal penalties, including exorbitant fines and imprisonment.
As a restrained person, follow these rules to avoid violating your protective order:
- Avoid contacting the protected person (this includes phone calls, texts, emails, social media, etc.)
- Move out if you live with the protected person
- Don’t go near the protected person’s home, work, school, or places they consistently frequent
- Get rid of any firearms you happen to own while the order is in effect
- Do not buy any firearms
- Never threaten the protected person in any way, shape, or form
- Comply with any visitation, child support, or spousal support orders (if applicable)
A violation of a protective order is considered a Class 1 misdemeanor. However, if you’re a repeat offender you could automatically be sentenced to 60 days in prison and be forced to pay costly fines. If these violations occur while you’re in possession of a firearm, you may even be charged with assault.
Retain Experienced Legal Representation
If you’re facing legal charges for violating a protective order, contact The Law Offices of Daniel J Miller. During your free consultation, we can discuss your legal circumstances and evaluate your legal options. Our experienced and trial-tested legal team can defend your rights in court and help you protect your freedom.