Violation of a Restraining Order
A restraining order prohibits contact between the defendant and the victim. Any violation of a restraining order, no matter how small, can lead to criminal charges. Even responding to a text message sent by the victim can result in criminal charges. There are no ifs, ands, or buts. The motive does not matter; if there is a court order, it must be followed exactly. The law does not make exceptions for “good intentions” or misunderstandings.
The comments that follow all discuss Massachusetts law, as it is applied in Massachusetts courts. These comments do not apply to criminal cases in federal courts, or to cases in any state other than Massachusetts. None of these general comments are legal advice for a specific situation. Any time you are charged with a crime, or have questions as to what the law says, the best course of action is to talk to a lawyer about your particular circumstances.
What do they have to prove in order to convict you of violation of a restraining order?
Four things: 1) a restraining order (also known as an “abuse prevention order”) issued against you; 2) the order was in effect at the time you are said to have violated it; 3) you did in fact violate the order; and 4) you knew about the order when you violated it.
What if the defendant wasn’t trying to violate the restraining order?
Normally, whether the defendant intended to violate the restraining order is irrelevant. What matters is what the defendant did, not what they say they intended to do. In some limited circumstances, it may be helpful to show that there was no attempt to violate the order. For example, a defendant goes to the supermarket, and runs into the plaintiff in the checkout line. If the restraining order said to not come within fifty yards of the plaintiff, a close encounter at the supermarket could be a problem. However, if the defendant immediately turns around and walks in the opposite direction, a jury might find that this was a reasonable response to accidental contact.
What are ways that a person can violate a restraining order?
It depends on the order. Generally speaking, a person violates a restraining order by doing anything that the order prohibits them from doing. This can include contacting the person who obtained the order (known as the “plaintiff”), going near the plaintiff, or going near the plaintiff’s home (even if the plaintiff was not home at the time).
What if the defendant never got a copy of the restraining order?
A person cannot violate a restraining order they didn’t know about. Usually, after a plaintiff obtains a restraining order, the police take a copy to the defendant’s home and “serve” the defendant with it. Even if the defendant did not receive a copy of the order, that does not necessarily mean they can’t be found guilty. For example, if the defendant calls the plaintiff and asks why they took out a restraining order, that could be proof the defendant knew about the order (even if there is no evidence of the police having delivered it).
Let`s Talk
Request a Confidential Consultation for Your Restraining Order Violation Defense
Fill out the form below, and the Law Office of Peter Cole will get back to you personally to discuss your case and next steps.