Several criminal charges can result in a restraining order being issued against you. Or someone can simply request that one be issued against you absent other criminal allegations. One of these orders can be disruptive to your daily life, but it can also leave you in a position where you’re charged with a crime. Therefore, if you’ve been subjected to a restraining order, then you need to know how to navigate any allegations of a violation of that order so that you don’t wind up facing more charges.
First, though, you have to understand what constitutes a violation of a restraining order and the penalties associated with it. So, let’s jump in and take a closer look.
What constitutes violation of a restraining order?
Before prosecutors can obtain a conviction for violation of a restraining order, they have to prove several legal elements. This includes each of the following:
- That an appropriate restraining order was issued to prevent you from contacting or abusing another individual or directing you to stay away from or leave the residence of another individual.
- The order was in effect at the time of the alleged action.
- That you knew that there was an order against you and that the order was in full affect at the time that you had contact with or came in close proximity to the alleged victim.
- Your actions in fact violated the terms of the restraining order.
All of this might seem straightforward, but it’s more nuanced than you may think, which means that there could be openings for you to argue that you shouldn’t be convicted of violating a restraining order. For example, if you were never served with the restraining order, then you wouldn’t know that it had been issued against you and that it was in effect when the event in question occurred. Also, incidental contact with an alleged victim may be insufficient to obtain a conviction for violating a restraining order.
So, if you accidentally come into contact with the protected individual, then you might have a strong defense. Make sure you fully assess the circumstances surrounding your case so that you know the best way to defend yourself against an alleged violation.
What are the penalties for violating a restraining order?
A conviction of Massachusetts law pertaining to restraining orders can lead to significant penalties. In fact, depending on the facts of your case, you could face up to two-and-a-half years of incarceration and a hefty fine of several thousands of dollars. A conviction pertaining to this statute can also generate a criminal record that can impact other aspects of your life, such as your employment and your overall reputation. Therefore, there’s a lot at stake in your case.
The specific penalties that you’ll face will depend on the circumstances and the seriousness of your violation. For example, if you merely came within 75 yards of a protected person when the order requires you to stay 100 yards away, then the penalties you face, if any, may be less severe. If, on the other hand, you’re found to call and harass a protected individual, then there’s a stronger likelihood that the court will be harder on you to send a clear message that you have to abide by the restraining order that’s in place.
Know how to protect yourself when you’ve been accused of violating a restraining order
A restraining order issued against you is a serious matter that oftentimes requires a strong criminal defense. If you improperly navigate it, then you could face serious penalties. Therefore, if you’re dealing with an issue related to a restraining order, then you should discuss the matter with your attorney so that you can protect yourself as much as possible.