What Happens if You Break a Restraining Order?

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A restraining order is a legal court order, not a suggestion. When a court issues one against you, it carries the full weight of judicial authority, and violating its terms can set off a series of serious consequences.

Whether the violation was intentional or genuinely accidental, what matters immediately after a restraining order violation is what you do next.

What Constitutes a Violation

Before discussing consequences, it's worth clarifying what actually constitutes a restraining order violation, because people sometimes assume only dramatic violations count when many technical breaches are treated just as seriously by the courts.

Most restraining orders prohibit direct contact with the protected person. This includes in-person contact, phone calls, text messages, emails, direct messages on social media, and contact through third parties, like asking a mutual friend to deliver a message. Courts interpret "no contact" broadly, and reaching out through any channel constitutes a violation.

Many orders include distance requirements, prohibiting you from coming within a specified distance of the protected person's home or other places they frequent. Being in proximity to these locations, even if you have a legitimate reason to be in that area, can constitute a violation if you're within the prohibited distance.
Some orders go further with restrictions on social media – prohibiting you from posting about the protected person, following their accounts, or engaging digitally in any way.

Read your order carefully and thoroughly. It spells out exactly what you're prohibited from doing, and claiming you didn't understand the terms is not a defense that courts accept favorably.

The Legal Consequences

Violating a restraining order is typically a criminal offense, and the severity of consequences depends on several factors, including how serious the violation was, your jurisdiction, whether you have prior violations, and whether the violation involved threats or violence.

In most states, a first violation of a restraining order is charged as a misdemeanor. This can result in jail time ranging from a few days to up to a year, fines, probation, mandatory counseling or intervention programs, and a criminal record. Repeated violations or violations involving threats, harassment, or physical harm often result in felony charges that carry much more serious consequences.

Some states have specific enhanced penalty provisions for restraining order violations that occur in the presence of children or follow shortly after the original order was issued. These elements can increase the severity of charges and resulting sentences.

The Arrest and Booking Process

When a restraining order violation is reported to police, officers typically take the report seriously and often make arrests right away. This is partly because domestic violence training and policy directives in most law enforcement agencies instruct officers to err on the side of enforcing protective orders rather than giving suspected violators the benefit of the doubt.

If you're arrested, you'll be booked, potentially held overnight or longer before a bail hearing, and issued conditions of release that almost certainly include strict prohibition on any contact with the protected person. Bail may be denied entirely depending on the circumstances and jurisdiction. From this point forward, your case proceeds through criminal court with the prosecution handling charges.

What to Do Immediately After a Violation

If you've violated a restraining order, what you do next matters enormously.

• Do not contact the protected person to explain, apologize, or discuss what happened. Any additional contact will compound your violation and create more evidence against you.

• Do not discuss the violation with police beyond providing basic identifying information without speaking to an attorney first. Statements you make to law enforcement after a restraining order violation can and will be used against you in criminal proceedings. Always invoke your right to counsel before answering questions.

• Document any circumstances surrounding the alleged violation that might be relevant to your defense. If the contact was genuinely accidental – e.g. you encountered the protected person at a location you had no reason to believe they'd be – write down everything you remember about the circumstances while it's fresh.

• Contact a criminal defense attorney as quickly as possible. The situation you're in requires legal guidance specific to your jurisdiction, the terms of your specific order, and the circumstances of the alleged violation. Acting quickly to secure representation gives your attorney more time to investigate and gather evidence.

Modifying or Dismissing the Order

If you believe the restraining order against you isn’t warranted, there are legal processes for seeking modification or dismissal. Your attorney can file a motion to modify or terminate the order, presenting evidence and legal arguments about why the current terms are no longer appropriate. Courts do consider these motions, particularly when the original circumstances have genuinely changed or when the order was issued based on disputed facts. Going through this proper legal channel protects you from criminal exposure while giving you a legitimate opportunity to challenge the order.

The Bigger Picture

A restraining order violation is never good. However, it doesn’t have to result in the worst possible outcome. By following the right steps and hiring a good criminal defense attorney, you can position yourself better for a more positive result in the end. Good luck!