What To Do If You Have a Restraining Order

Restraining order cases are serious business. A restraining order is a court order prohibiting one person from contacting or coming near another person. Restraining orders are typically issued in domestic violence, physical abuse, domestic abuse, stalking, or harassment cases. If you have a restraining order against you, it is essential to understand what it means and what you can do to comply with it.

A criminal defense attorney will be able to assist you with the specifics of the restraining order and the processes and procedures of your jurisdiction. Getting a criminal defense lawyer is especially important when dealing with restraining orders for reasons we will discuss below.

What Does a Restraining Order Say?

The terms of a restraining order are usually crafted by a judge for each situation. The terms will vary depending on the circumstances of the case and on the laws of the state it was issued.

However, most restraining orders will prohibit the person who is subject to the order from doing the following:

• Contacting the other person in any way, including in person, by phone, by text message, by social media, or by email. Contact with the person’s family members, friends, and colleagues may also be prohibited.
• Coming within a certain distance of the other person, their home, work, or their children’s school.
• Possessing a firearm.
• Sending money to the other person or anyone else on the other person’s behalf.

What Should I Do if I Have a Restraining Order Against Me?

If you have a restraining order against you, the most important thing you can do is obey it completely and thoroughly. This means doing whatever it says and avoiding contact with the other person, even if they try to contact you. It also means staying away from their home, work, and children’s school.

If you are issued a restraining order, you should read it carefully. Be certain that you understand the terms and conditions of the order, including who you are not allowed to contact, where you are not allowed to go, and what you are not allowed to do. You should also always keep a copy of the restraining order with you.

Additionally, avoid all contact with the person who obtained the order. This means not contacting them directly, through a third party, or social media. It also means avoiding places where you know they are likely to be. You’ll need to stay away from the person’s home, work, and other places where they might be. This includes their children’s school or daycare center.

You must not threaten or harass the person. This includes making threats of violence, posting negative things about them online, or spreading rumors about them. Do not contact the person’s family or friends. This could be considered indirect contact.

Finally, remember that a temporary restraining order is still a restraining order, so you must obey it. It is even more critical that you obey a temporary order as your conduct will be scrutinized even more rigorously should there be a hearing to determine if the restraining order should be extended.

The restraining order will not say you have to do any of the below, but here are some tips to make compliance with the restraining order easier:

• Tell your family members and friends: Tell the people in your life about the restraining order so that they can help you avoid contact with the other person. Ask them to help you stay safe and to report any violations of the order to the police. Should you have a domestic violence restraining order and need to leave your home, you must have support.
• Set up a plan if contact is necessary: If you need to contact the other person for any reason, such as to discuss child custody, child support, or visitation, do so through your attorney.
• Avoid run-ins: If you see the other person in public, do not approach them. Do not consider that since you were there first, you can speak to them. You are not allowed to speak to or approach the person. It would be best if you left the area immediately.
• Talk to a lawyer: A lawyer can help you understand the restraining order and your rights. They can also give you legal advice and represent you in court at the restraining order hearing if needed. They will also help you plan how to defend yourself at trial. This will include obtaining witness statements from people who know you well and can vouch for your character.
• Keep a record: Keep diligent records of all contact with the person who obtained the order. This could include emails, text messages, phone calls, and social media posts. Keep GPS records to prove where you have been and haven’t been. This entire record could be helpful if you need to prove that you are complying with the order.

What Are the Consequences of Violating a Restraining Order?

Violating a restraining order is a crime. If you are convicted of violating a restraining order, you could face jail time, fines, or both. Throughout the process, it is vital to maintain respectful and non-confrontational behavior. Engaging in any behavior perceived as harassment or intimidation will not work in your favor and may have legal consequences.

Remember that the purpose of a restraining order is to protect the petitioner, so it’s essential to respect their boundaries and the legal process. Maintain a respectful distance and adhere to the order’s terms to demonstrate your willingness to comply with the law.

Help From an Experienced Source

If you have any questions about your restraining order, consult with an attorney. An attorney can help you understand the terms of the order and can advise you on how to comply with it.