A restraining order needs to be taken seriously. If you are served with one and then you violate a restraining order, you will end up facing criminal charges. Even if you think that an order is nonsense or that you can work out your problems with the person who requested the order, you need to stop and think. You should consult with a Bergen County criminal defense lawyer who can tell you how to handle this situation.
Can I Go to Jail If I Violate a Restraining Order?
You can. You can actually go to jail for up to 18 months, but a sentence can also last around 30 days. This is a crime that judges take quite seriously because violating a restraining order means ignoring a court order. They are not going to be happy with you, and while many other elements will be considered before they decide on a long prison sentence for you, you are far better off not violating the order in the first place.
Can My History Affect My Punishment If I Violate a Restraining Order?
The judge will usually consider a few factors before they decide on your punishment for violating a restraining order. They can look at:
Your criminal history: Do you have a history of committing crimes? Have you failed to appear in court before? Do you have other pending charges against you? All of these things can work against you, especially if there is any history of domestic violence.
If you’ve violated a restraining order before: If you have a history of ignoring court orders, then you’re probably looking at harsher punishments. A jail sentence of at least 30 days is mandatory if this is your second violation and repeat violations can result in longer prison stays and fines of up to $10,000.
Your ties to the community: It can work in your favor if the court looks at you and sees someone who is employed and has deep ties to the community.
What Actions Violate a Restraining Order?
Showing up on someone’s doorstep after they hit you with a restraining order is an obvious violation, but this is not the only behavior that can get you in trouble. Calling or texting this person is also a violation. Even trying to pass a message to them through a friend or family member is not allowed. You should talk to a lawyer and exclusively communicate about this matter through them.
What Other Punishments Could I Face If I Ignore an Order?
There are not just criminal charges and penalties to worry about. Being charged with a violation can affect:
- Your immigration status
- Your child custody agreement
- Your right to own a firearm
You can even have your driver’s license suspended.
Talk to Our Defense Attorneys
Do not risk jail time and other punishments. Contact the Law Office of Boyd & Squitieri to learn more about your rights and the options available to you when you are facing a restraining order. Schedule your consultation today.
