A restraining order, often known as a protective order, is a legal directive issued by a court to protect people from harm or harassment. It typically prohibits the restrained person from contacting or approaching the person under protection. Accusations of violating restraining orders sometimes result in serious legal consequences.

Consequences of Violating a Restraining Order

Courts issue restraining orders in situations involving threats, harassment, stalking or abuse. They protect victims by legally restricting the actions of those who pose a threat. Violating these orders can lead to penalties that might affect various aspects of your life, including criminal charges and potential jail time.

1. Employment: Convictions for violating restraining orders can appear in background checks, potentially jeopardizing your current and future employment.
2. Child custody: Judges in custody proceedings take these infractions seriously, which may result in you losing parental rights.
3. Reputation and relationships: Breaking a restraining order can damage your reputation and strain or sever your relationships, affecting social and professional aspects of your life.

Defenses Against Charges of Violating a Restraining Order

Breaching a restraining order does not automatically result in a conviction. You have the right to protect yourself with several applicable defenses.

1. Lack of notice: A fundamental element of this defense is proving that you were not aware of the order. For example, you can claim the police did not properly serve you.
2. Factual innocence: You might contend that you never committed the violation, suggesting that the accuser made a mistake or is deliberately misleading the authorities.
3. Unintentional violation: If the violation occurred, demonstrating that it was accidental could be a mitigating factor. This defense might apply in situations where you unknowingly were in the same place as the protected person.
4. Induced violation: Sometimes, the protected person might invite the violation of the order. If you can prove that the interaction was consensual or initiated by the protected person, it could serve as a defense.
5. No harm caused: Arguing that the violation did not result in harm or pose any danger to the protected person can also serve as a mitigating factor in reducing penalties.

Understanding Your Rights and Options

Defending against a charge of violating a restraining order requires skilled legal expertise. An experienced attorney like Sal Ciulla can explain the intricacies of the law, develop a robust defense strategy and work with you to mitigate the potential consequences of such charges, accounting for all relevant circumstances.

Contact us to discuss your case, explore your legal options, and receive reliable guidance and representation. Remember, a charge is not a conviction, and with Sal Ciulla by your side, you can work toward a favorable outcome.