As a victim of domestic violence, harassment, or stalking, you should know that no one deserves to be vulnerable because of the actions of others. To protect yourself, consider filing a restraining order against the perpetrator.

A protective order is a legal document with substantial authority that imposes restrictions on contact and communication between specified parties. It serves as a formal measure to prevent potential harassment, threats, or harm, ensuring the safety of individuals involved by legally enforcing boundaries. Violating this order can lead to significant legal consequences, underscoring its serious nature in safeguarding personal well-being and maintaining lawful separation between the parties.

Injunctions are legal tools to promote safety, but it’s understandable to have concerns if the perpetrator violates the order. This comprehensive blog explores what happens in such situations and the resources available to you.

Understanding Restraining Orders

Before we dive into the consequences of violating these orders, let us first attempt to understand how they work. There are some nuances that must be considered, and understanding them can really make a difference in how restraining orders are perceived.

A restraining order is an injunction that a court issues to protect the petitioner in cases involving domestic violence, harassment, sexual abuse, child abuse, and assault.

The specific terms of the order will vary depending on the reasons behind it. Generally, it prohibits the perpetrator from the following:

  • Contacting the victim and their family
  • Instigating violence against the petitioner or threatening them in any way
  • Possessing a firearm

On top of that, the order may grant the following provisions to the petitioner:

  • Possession of property like a residence or vehicle
  • Temporary child custody

With the groundwork set, let us dive into the nuts and bolts of the different types of restraining orders:

Emergency Protective Orders
Also known as temporary restraining orders, magistrates issue them to protect the petitioner immediately after an incident. As such, the subject may not be given a chance to respond to the allegations.

Such injunctions only last for a short period of time, usually 72 hours, giving the court more time to review the case. These are temporary and are lifted once the court deems so. Other injunctions can be more severe.

Preliminary Protective Orders

Preliminary protective orders are granted once you present evidence of harassment, stalking, or domestic or sexual abuse. These orders serve as immediate legal safeguards, placing restrictions on the accused party to prevent further harm or intimidation. Issued quickly to ensure safety, they provide temporary protection until a more formal hearing can establish a long-term protective arrangement if needed.

These injunctions can last for a longer time, usually a few weeks, until a full court hearing is held. The subject is notified and given a chance to appear for the session.

Permanent Protective Orders

Permanent injunctions offer the longest-lasting form of protection, typically effective for a year or more. Before they are issued, a formal hearing is held where both the petitioner and the respondent present their cases. This hearing allows the court to carefully assess the evidence and circumstances before determining whether to grant this extended form of legal restraint to ensure ongoing protection for the petitioner.

The Consequences of Violating a Restraining Order

In most states, Virginia included, it is considered a misdemeanor offense whose consequences will depend on the following:

  • The frequency of violations
  • Whether the defendant has a prior criminal record
  • The nature and scope of any threats of violence

Conclusion

If you have been accused of violating a restraining order, it is important to contact a qualified criminal defense attorney. They will help you defend the allegations and advocate for the best outcome. On the other hand, if you have filed a restraining order against someone and they violate the terms, you should report them to law enforcement and work with a qualified attorney to help ensure it never happens again.

Information contained on this page is provided by an independent third-party content provider. XPRMedia and this Site make no warranties or representations in connection therewith. If you are affiliated with this page and would like it removed please contact [email protected]