It can be really confusing, keeping up with the ways that a restraining order can impact your life, especially if you’ve never had a restraining order before. It is important to know the how this order can impact your life whether you currently have one or may someday in the future be issued one, and if you have trouble understanding the use of an order assigned to you, you can talk to a protective orders lawyer such as the ones available at May Law LLP.
Restraining orders are one of the most misunderstood legal orders that people have issued to them or against them. When you think of a restraining order, are you accidentally thinking of a no contact order? A no contact order is the order that means a person cannot contact you or go near you, and these are commonly issued in domestic cases, abuse cases, stalking cases or even harassment cases.
A restraining order is an umbrella term as there are many types of restraining orders that are used based on the scenario they are used in. A restraining order can be a civil or criminal, depending on the type of order. The type of order you are issued will depend on who requested it, the victim and who they were, and the circumstances surrounding the case.
Types of Restraining Orders
Domestic violence restraining orders are civil restraining orders, and can be asked for one if they are in an intimate relationship with somebody who is abusing them in that domestic relationship. The abuse can be physical, psychological, emotional, or sexual. Having this order against you does not mean criminal charges will necessarily be filed, but criminal charges may be filed if you violate the order.
Civil harassment orders are another type of order that may not necessarily lead to criminal charges. A person can request this order to prevent someone else from harassing them. These orders are issued in cases that are not related to domestic violence. The person asking for the order is not asking the court to file charges against you but asking instead of protection. These do not lead to criminal charges unless they are violated.
Criminal protective orders are another type of restraining order. These are issued in criminal cases where a victim or witness needs to be protected from the defendant. These orders are issued in criminal cases involving domestic violence, other forms of assault, abuse, or harassment. They can be issued at any point once the offending person has been arrested. In more serious cases, the order may be issued on the spot so that the victim is immediately protected. There are short term, emergency scenarios, or long-term orders in this category. This could lead to criminal charges if violated.
Violating any kind of restraining or protective order can cause you to acquire criminal charges. You could face jail time, fines and if you are on probation, it’ll affect you too. You could be charged with misdemeanors, a felony, or with contempt of court for violating these orders. Contempt of court is reserved for when a defendant willfully and intentionally disobeys the court’s orders.