This Is What Happens When Someone Violates a Restraining Order

Living in constant fear due to someone else’s behavior can make your life a nightmare. It may be a stalker watching your every move, a persistent ex who just won’t leave you alone, or an abusive partner. There is no excuse for such behavior, which is why you should file a restraining order when you have reason to believe this person threatens your welfare. 

However, some people just won’t learn. They might fail to recognize the weight of this court mandated order, putting you in danger over and over again. What happens then? Read this blog to find out. 

When Should You File a Restraining Order?

A restraining order offers you protection when someone poses a danger to your safety—it bars them from contacting you or your family and instigating further violence or threats. The type of injunction you file will depend on your specific situation. Here is an outline of the available options: 

Emergency protective orders (EPOs)

If someone poses a serious threat to your safety, such as an overly violent spouse, you should file for an emergency protective order. It doesn’t matter when the incident happened because on-call judges issue these orders immediately, even after court hours. 

These injunctions last for a short time because they offer protection from an immediate threat, usually up to 72 hours. As such, the violent spouse will not have a chance to respond to the order. That comes later.

Preliminary protective orders (PPOs)

After reviewing your situation, the court may believe you need continued protection from the perpetrator. To facilitate this, it will use a preliminary protection order (PPO).

“Though temporary, PPOs last longer than EPOs: up to 15 days or until the court hearing date. You will be summoned to court where you must present evidence or testimony to justify extending the order,” says criminal defense attorney Tom Addair of Addair Law.

Permanent protection order (PPO)

Permanent protection orders can last up to five years. The court will issue this injunction after both parties have presented their case in open court and the judge has decided whether permanent protection is necessary. So, what happens when the perpetrator breaks the protective order? Keep reading to find out.

The Consequences of Violating a Restraining Order

To begin with, you should know that the ramifications of a protective order stand whether or not you were open to making contact with the perpetrator. Hence, if you are open to getting in touch with this person, you should first contact the authorities to have the order vacated. 

That being said, in case the person does indeed break the terms of the injunction, they should be reported to the police, who will charge them with a criminal offense. A judge might also amend the terms of the order to make them more strict. 

The length of the jail sentence will depend on aggravating factors. For instance, if the perpetrator has violated the protection order many times, they are more likely to spend time in jail. The same applies when they have a criminal record and violate the order with violence.

Conclusion 

We hope this blog has fine-tuned your understanding of restraining orders and the consequences of breaking one. Don’t suffer in silence. If someone is preventing you from living a peaceful life, report them to the police immediately.