Behind the scenes: How to defend against allegations of a restraining order violation
A restraining order, also known as a protective order or no-contact order, is a legal document issued by a court to protect an individual from harm or harassment. Those accused of violating a restraining order in Massachusetts, are wise to understand the charges and applicable defense strategies.
What constitutes a violation of a restraining order?
A restraining order typically prohibits any direct or indirect contact with the protected party. This usually includes in-person communication, phone calls, emails, text messages, and social media interactions. The court may consider even seemingly harmless gestures like sending flowers or liking a post as violations.
The language within the order generally includes distance specifications, outlining just how far the individual must remain from the protected party. Failing to follow this requirement and going within this distance of the protected party, their home, workplace, or other specified locations would violate the order. Whether accidental or intentional, breaching this boundary will likely constitute an offense.
What type of evidence is needed to establish a violation?
The prosecution may present call logs, text messages, or emails as evidence. They will try to use these records to demonstrate any attempts to contact the protected party during the restraining order period. Statements from the protected party, neighbors, coworkers, or friends may also help the prosecution to establish violations. Witnesses might recount incidents of unwanted contact or encounters.
If the order specifies a restricted area, the prosecution may also attempt to use GPS data showing your presence within that zone.
What are the potential penalties for a violation?
Violating a restraining order is a criminal offense in Massachusetts. Penalties vary based on the severity of the violation but can include up to 2.5 years in jail and/or a fine of up to $5,000 for a first offense. Penalties increase for subsequent offenses.
The court could also find you in civil contempt for violating the order. Consequences may include fines, community service, or mandatory counseling.
What types of defenses are available to fight allegations of violating a restraining order?
There are various strategies, and it is important to tailor the right combination to the details of each individual case. If, for example, the violation was accidental (e.g., bumped into the protected party) you could demonstrate that it was unintentional. It is also possible that the allegations are fictitious. In these cases, it can help to gather evidence to refute the allegations. Examples that can help include witness statements, alibis, or proof of mistaken identity. In other cases, it may be advantageous to challenge the order itself. This could include establishing that the order was improperly issued or lacks legal grounds. For instance, if the protected party lied during the hearing, it could weaken the order’s validity.
It is important to note that these cases take time and that the courts will move forward with penalties if the accused does not build a strong defense. In a recent example, a woman accused a man of violating a restraining order in 2022. The case took years to move through the legal process and the accused was unable to gather enough evidence to refute the allegations. He accepted a plea deal and the court recently sentenced him to three years in a state prison.
This case illustrates how facing a restraining order violation charge is a serious matter. These allegations are often in conjunction with other allegations of criminal wrongdoing. Allegations of domestic abuse are a common example and the case above included allegations of tampering with a witness. Understanding the legal nuances of the restraining order claim as well as other potential allegations and building a defense tailored to your case can make a difference.
