Breaking a restraining order is considered a serious offense because it undermines a court’s authority and jeopardizes the safety and well-being of the protected person. The exact penalties for violating a restraining order depend on the laws of the jurisdiction, the nature of the violation, and whether it is a first-time or repeat offense. Here’s a deeper dive into the potential consequences:
1. Fines
- Monetary Penalties: Violators may be required to pay fines. The amount can vary widely depending on the severity of the breach and local laws. For example:
- Minor infractions (e.g., an unsolicited text) might incur smaller fines.
- Severe breaches (e.g., physical confrontation or harassment) can result in significant penalties.
- Restitution to the Victim: In some cases, the violator may be ordered to pay restitution for damages caused by their actions, such as costs for changing locks, therapy, or lost wages due to stress or fear.
2. Arrest and Jail Time
- Immediate Arrest: Many jurisdictions have zero-tolerance policies for restraining order violations. Law enforcement can arrest the violator on the spot if there’s evidence of a breach.
- Incarceration:
- First-Time Offenders: Jail time can range from a few days to several months, depending on the jurisdiction and severity of the violation.
- Repeat Offenders: Courts often impose harsher sentences for individuals who repeatedly break restraining orders, potentially leading to years of imprisonment.
- No Bail: In some cases, violators may be held without bail if the breach suggests an ongoing threat to the protected individual.
3. Criminal Charges
- Misdemeanor or Felony Charges:
- Misdemeanor: Minor violations, such as accidental contact or minor harassment, are often treated as misdemeanors, punishable by fines and up to a year in jail.
- Felony: Serious breaches, such as stalking, physical violence, or repeated violations, may escalate to felony charges, carrying heavier penalties like long-term imprisonment (e.g., several years).
- Aggravating Circumstances: Additional criminal charges may apply if the violator engages in related illegal behavior, such as:
- Assault or battery
- Stalking or harassment
- Trespassing
- Cyberstalking or hacking
4. Additional Court Orders
- Stricter or Extended Restraining Orders:
- The court may extend the duration of the restraining order to ensure ongoing protection.
- Additional restrictions may be imposed, such as prohibiting contact through third parties or limiting access to certain locations.
- Loss of Privileges:
- For example, custody or visitation rights with children may be revoked or further restricted.
- In extreme cases, the violator might face restrictions on firearm ownership or professional licenses.
- Contempt of Court Charges:
- A breach is considered contempt of court, which can result in further legal penalties, including fines and incarceration.
Aggravating Factors Influencing Penalties
The severity of the penalties depends on several factors:
- Type of Violation:
- Was the breach physical, verbal, or digital (e.g., stalking or hacking)?
- Did the violation involve direct contact, threats, or harm?
- Intent and Repetition:
- Was the violation deliberate or accidental?
- Has the individual breached the order multiple times?
- Impact on the Victim:
- Was the victim harmed, threatened, or emotionally distressed?
- Were others, such as children or family members, also endangered?
- History of Violence:
- Does the violator have a history of domestic violence, harassment, or similar offenses?
Examples of Penalties by Jurisdiction
- United States:
- Misdemeanor Violation: Fines up to $1,000 and/or up to 1 year in jail.
- Felony Violation: Fines up to $10,000 and/or 1-5 years in prison, especially if violence or repeat offenses are involved.
- United Kingdom:
- Breaching a restraining order under the Protection from Harassment Act can result in up to 5 years in prison and/or an unlimited fine.
- Australia:
- Penalties vary by state but can include fines of $5,000 to $20,000 and/or up to 5 years in prison.
- Canada:
- Breaches can lead to up to 4 years in prison, depending on the nature of the violation.
Legal Options for the Victim
If a restraining order is violated, you can:
- Report the Violation to Police: Law enforcement will investigate and may arrest the violator.
- File a Civil Suit: If the breach caused financial or emotional harm, you may be entitled to compensation through a lawsuit.
- Seek Enhanced Protective Measures: Courts can impose stricter conditions or extend the duration of the order.
Summary of Consequences
Breaking a restraining order not only exposes the violator to immediate legal consequences like fines and jail time but can also result in long-term repercussions, including a criminal record, loss of rights (e.g., custody, firearms), and damage to personal and professional reputation. These penalties are designed to protect the victim and deter future violations, emphasizing the seriousness of court-ordered protections.
