If a person is accused of domestic violence, the court may issue a restraining order. A restraining order prevents that person from having contact with the accuser.
Penalties for violations
If the person violates the terms of the restraining order, they can face several consequences. The first penalty is arrest, which can happen if law enforcement has probable cause to believe the restraining order was violated.
They can also face criminal charges and the court can impose fines, sentence the person to probation and require community service. The court may also find that imprisonment is appropriate.
Potential defenses
While the consequences can be serious, there are also potential defenses to consider. The applicability of these defenses will depend on the circumstances of the incident.
If the accused person can demonstrate that they were not aware of the order, that may be used as a defense. However, it must be truthful. This may apply if they did not receive service of the order, for example.
If there was a misunderstanding about the terms of the order, that may also explain the alleged violation. Also, if the accused person came into contact with the protected person because they had to defend themselves, that may be used as a defense.
If the parties both agreed to meet or talk to each other, there may be an argument that the protected person consented to the contact. Finally, if the person was falsely accused, that may be a defense.
There is assistance available to an accused person who needs help.
