The National Crime Information Center (NCIC) estimates that two to three million initial restraining orders are issued yearly. In Massachusetts, that number sits at approximately 40 thousand yearly. The most common reasons for restraining orders are when an abuser violates domestic violence laws, such as harassment, assault, terroristic threats and burglary.
What happens if a defendant violates the restrictions laid out in the court order? The exact consequences depend on factors such as why the order was placed, the defendant’s criminal history, and the specifics of the violation. Let’s take a closer look at restraining orders, the potential penalties and fines for violating them, and steps you and your legal team should take if a violation occurs.
What is a Restraining Order?
According to Massachusetts State Law, restraining orders, also known as Abuse Prevention Orders or 209A Orders, are court orders that restrict someone from taking specific actions, often involving contact, harassment, or violence, toward another individual or group. These orders are typically issued in situations involving domestic violence, harassment, or stalking, and they aim to protect the person seeking the order from harm or fear of harm.
Penalties & Fines for Violating Restraining Orders
An Abuse Prevention order (restraining order) is a civil order, but violating it is a criminal offense that comes with consequences, often in the form of a fine or jail time in the house of correction.
While each situation is unique, it is common that a violation may result in a judge sentencing the individual to a maximum of two and a half years in jail and imposing a fine of up to $5,000. The individual will also likely be required to complete a batterer’s program, which is a program to intervene with domestic abusers.
Factors Impacting Punishment
As stated previously, some factors are considered when a restraining order is violated. These factors include:
- The Nature of the Violation – For instance, a judge will determine the specific terms that were violated and the intent behind the violation.
- The Defendant’s Criminal Record – What criminal history does the individual have?
A criminal record can impact the severity of the punishment. - The Threat to the Victim – A judge will examine the threat to the protected person.
- Previous Compliance – Does the individual have a history of compliance or non-compliance with the restraining order?
Legal Steps to Take to Mitigate the Event
Your legal counsel does have some options to mitigate the impact of the violation. Your legal team may challenge the evidence or claim that the breach was unintended or accidental. Additionally, your legal counsel can advocate on your behalf and negotiate a reduced penalty.
Should you need legal help with a restraining order, contact us at The Law Offices of Patrick Conway.