The night was still young as Chelsea started walking back from her friend’s house. The crisp breeze pinched her skin as she paced through the dimly lit neighborhood. Chelsea confidently strolled to her home, knowing she did this all the time. Looking at the familiar street sign, she casually crossed the street to her loving home. Oblivious to her surroundings, a boy from her school was following her every move. Before she could step into her house, he approached her. Chelsea started to shudder with fear because this was the fifth time he did this at night. Immediately, she rushed inside her home before he could say anything to her. Hearing the door slam, Chelsea’s parents ran toward their beloved daughter. Her eyes spilled out with tears while she tried to explain what’s been happening to her. Chelsea’s parents knew the step was to get a restraining order.
What is a Restraining Order?
A court of law provides restraining orders to keep two people apart. Whatever the motives behind them, a violation of a restraining order carries large criminal consequences. Even if the perpetrator is calling or texting the victim, this can be a misdemeanor. The perpetrator can have possible jail time and a costly fine of $1000 for violating the court order. The penalty can increase to $2000 if an injury occurs. Besides, the most jail time for a violation is mandatory thirty days. Consistent violations result in a felony or misdemeanor. Depending on the severity and time between violations, fines and jail time can intensify for a perpetrator.
Prosecution
To be convicted of a violation, the court needs to see three things. The first thing is that the restraining order had to be intentionally broken. If the order was broke accidentally, there could not be any conviction. The other factor is if the perpetrator knew that they had a restraining order against them. In some circumstances, the court can order a restraining order without the perpetrator even knowing it. Lastly, if the perpetrator lives close by or works at the same place as the victim, then the court order will be impossible to obey and not be granted conviction.
Conclusion
A restraining order can seem complicated but can help people like Chelsea. Restraining orders are an excellent way to protect you and your family. Yet, it is also good to know how to be prosecuted for violating a court order. You deserve to have justice and feel safe. Whether you have been a victim of stalking or unjustly accused of breaking a restraining order, Family Law Richard E. Young & Associates can fight for you. Our services include family law, trust law, bankruptcy law, and more. Visit our website for more information.
