Violating a Restraining Order
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Will a Restraining Order Really Protect a Victim?
A restraining order may only be a piece of paper, but it is legal protection for a victim. A victim should carry the restraining order at all times and call the police whenever a violation occurs.
What Happens If the Restrained Person Violates the Restraining Order?
A person that violates a restraining order will be in contempt of a court order. Contempt means that the person willfully failed to obey the court order. The person can be arrested, get jail time, or be charged with a misdemeanor or felony.
What Should Victims Do If Their Restraining Order Is Violated?
You should report every violation of the restraining order to the police, your attorney, or the court. The district attorney will prosecute if you choose to press charges for the violation.
*Victims should always get a copy of the official report of the incident, even if they choose not to press charges.
Should I Get a Criminal Defense Lawyer?
Yes, you should speak to a criminal defense attorney if you are accused of domestic abuse or of violating a restraining order. An attorney can explain your rights, defenses, and the legal process.
Should I Get a Family Law Attorney?
Yes, you should speak to a family law attorney if your restraining order is being violated. An experience attorney can file a contempt of court motion on your behalf.
If you are the victim of abuse, you should call the police if you are a victim of domestic violence or believe your abuser has violated a restraining order. The district attorney will prosecute your abuser if there is sufficient evidence.
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Last Modified: 11-17-2014 05:09 PM PST
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