Can I go to Jail if I Violate a Restraining Order?
Violating a Restraining Order, which is also known as an Order of Protection, can have very serious consequences. Although a restraining order is a civil matter, handled in divorce court, a violation can result in jail time.
Violation of an order protection has serious consequences and therefore should be treated very seriously. If you find yourself in this situation, it is advisable to seek the guidance of an experienced criminal defense attorney.
Violation of an Order of Protection Has Many Possible Paths to Jail
In addition to possible jail time, a violation of an order of protection can impact your visitation with your children, gun ownership rights, your employment, and your immigration rights.
Order of Protection and Child Custody
In situations where there are children involved, you need to be well informed as to what you can and cannot do, as it may impact your visits with your children, and you may be ordered to conduct your children’s exchanges in a public place or at a location that supervises the exchanges of the children.
In more extreme cases, the Order of Protection may also be extended for the benefit and protection of your children. In such a situation, you may not be able to see your children, unless there is a special provision that allows you to see your children under specific circumstances.
Many Ways to Violate an Order of Protection
If the violation is more extreme, such as physical harm, destruction of property or stalking, your chance of ending up in jail is more certain.
Violations can even be seemingly innocent and inadvertent yet still carry possible serious consequences. For instance, even welcomed contact with the alleged victim can result in a violation.
It is highly advisable that you be very cautious. The consequences can be devastating.
Seek Legal Counsel
It is important that you know your rights when someone has filed a Petition for an Order of Protection against you. These restraining orders are easy to violate and can have lasting impacts on your life, so it is very important that you have an attorney to counsel you as to what you can and cannot do.
Due to the potentially severe consequences and numerable consequences, it is important to take the order of protection very seriously. It is highly advisable to seek the guidance of an experienced domestic violence attorney.