If you get served with a restraining order, you need to take it seriously. Some people do not. Some think that they can talk to the person who took out the order and fix things. This is a mistake. There can be hefty penalties for anyone who violates a restraining order. Instead of doing something silly, you should speak to a Blue Bell criminal defense lawyer about your next steps.

Is the Violation of a Restraining Order Considered a Crime?

Yes, in most cases it is considered a misdemeanor. That doesn’t mean that you’ll get off with few consequences though. The restraining order is a court order, and any judge is going to take it seriously when you violate such an order.

How Can I Be Punished for Violating a Restraining Order?

If you violate a restraining order you will be called in front of a judge. You will likely be held in contempt because you violated this court order. You could end up serving up to six months in jail. Sometimes your lawyer can successfully fight for probation as an alternative. Whether a jail sentence or probation is the punishment, a violator will probably be made to pay a fine. You could end up owing as much as $1,000.

You also should know that there could be other consequences that have little to do with the legal system itself. Having a restraining order out against you and violating it can affect your custody rights and immigration status. A charge can even result in a suspension of your license and a revocation of your right to own a firearm.

What Factors Can Affect My Punishment?

Whether or not you get jail time can come down to a few factors. Generally, the court will look at some of the following before deciding on a sentence:

  • Your criminal history
  • If you have failed to appear in court before
  • If there are currently charges against you
  • Whether or not you have a job and ties to the community

What Should I Avoid When I Get Served With a Restraining Order?

Some people think that they can work things out when they get served with a restraining order. The other person was just overreacting and they can surely be talked down.

Do not try this. Do not contact the person who took out the order at all. They have involved the legal system now, so you need to do the same. Get a lawyer and keep all communication going through them. Do not try to meet up with the person who asked for the order, do not call or text them, and do not try to communicate with them through a friend or family member. These are all violations.

Talk to an Attorney Today

So if you have been served with a restraining order, the smartest thing you can do is schedule a consultation at our law firm. We can help you figure out what needs to be done, and we can advise you so that you do not accidentally violate this order. Contact Mudrick & Zucker today.