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What Happens If You Break A Restraining Order?

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(505) Sanchez
What Happens If You Break A Restraining Order?

A restraining order is a court-issued order that protects a person from harassment, threats, or bodily danger. It is intended to protect the person being threatened or harassed from the person forbidden from contacting them. You should consult with an experienced criminal defense attorney if you get a restraining order. You could face harsh consequences if you breach a restraining order. What happens if you break a restraining order?


Arrest


The police may arrest you if you breach a restraining order. You will be taken into custody and charged with violating the restraining order if the police detain you. You'll be taken to the police station by the arresting officer, where you will be booked and processed.


Appearance In Court


You will be expected to come to court if you are arrested. The charges against you will be read to you in court, and you will be asked to enter a guilty or not guilty request. If you enter a guilty plea, the court may immediately impose a punishment. The court will give a trial date if you enter a not-guilty request.


Penalties


The consequences of breaking a restraining order vary based on the facts of the case. In general, violating a restraining order can result in fines, community service, probation, or jail time. The type of infraction, the defendant's criminal history, and other circumstances all influence the severity of the sanctions.


Restraining Order Extension Or Modification


If you breach a restraining order, the court may decide to extend or alter it. The court may broaden the scope of the order, banning you from approaching the victim within a certain distance, or it may extend the order period. In such situations, the court may award you a permanent restraining order.


The Effect On Your Criminal Record


If you are convicted of breaking a restraining order, your criminal record will reflect it. This can influence your capacity to find work, rent an apartment, or apply for a loan. Employers, landlords, and financial institutions frequently do background checks, and a restraining order violation conviction might make it harder to get approved.

Effect On Visitation Or Custody Rights

A restraining order against you may affect your custody or visitation rights. The court may restrict your contact with your children or order supervised visitation. In some situations, the court may cancel your parental rights entirely.


Restraining Orders In The Future


If you breach a restraining order, the court may be less likely to issue one. The court may regard you as a serial offender and believe that a restraining order is ineffective in protecting the victim.


Conclusion


A restraining order violation might have profound implications. If you have been accused of breaking a restraining order, you should seek the advice of an experienced criminal defense lawyer. 505 Sanchez can assist you in understanding your legal rights and defending your case in court. 

You could face arrest, penalties, the restraining order being extended or modified, the impact on your criminal record, custody or visitation rights, and future restraining orders. If you require assistance with what happens if you break a restraining order, don't hesitate to get in touch with them.

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