Is Breaking a Restraining Order a Felony?
A restraining order, also known as a protective order, is a legal document that prohibits an individual from having any contact with another person. The purpose of a restraining order is to protect the victim from physical harm, harassment, or other forms of abuse. However, if someone violates a restraining order, they can face serious legal consequences. But is breaking a restraining order a felony?
Direct Answer:
In most states, breaking a restraining order is a misdemeanor offense. However, the severity of the punishment can vary depending on the circumstances of the violation and the laws of the state where the violation occurred.
What is a Restraining Order?
A restraining order is a court order that prohibits an individual from having any contact with another person. The order can be issued in response to a complaint of domestic violence, stalking, harassment, or other forms of abuse. The order can include provisions such as:
- Prohibiting the respondent from contacting the petitioner
- Prohibiting the respondent from coming within a certain distance of the petitioner
- Prohibiting the respondent from engaging in certain behaviors, such as threatening or harassing the petitioner
Consequences of Violating a Restraining Order
If someone violates a restraining order, they can face serious legal consequences. The consequences can include:
- Misdemeanor charges: In most states, violating a restraining order is a misdemeanor offense, punishable by up to one year in jail and a fine.
- Felony charges: In some states, violating a restraining order can be a felony offense, punishable by up to five years in prison and a fine.
- Increased penalties: If the violation involves physical harm or the use of a weapon, the penalties can be increased.
- Loss of employment: Violating a restraining order can result in loss of employment, particularly if the violation occurs in the workplace.
- Loss of custody: In cases involving child custody, violating a restraining order can result in loss of custody.
When is a Restraining Order Violation Considered a Felony?
In some states, a restraining order violation can be considered a felony under certain circumstances. These circumstances can include:
- Physical harm: If the violation involves physical harm to the petitioner or someone else, it can be considered a felony.
- Use of a weapon: If the violation involves the use of a weapon, it can be considered a felony.
- Repeat violations: If the respondent has previously violated a restraining order and is subsequently charged with another violation, it can be considered a felony.
- Violations involving a minor: If the violation involves a minor, it can be considered a felony.
Table: Felony vs. Misdemeanor Restraining Order Violations
| Circumstances | Felony | Misdemeanor |
|---|---|---|
| Physical harm | ||
| Use of a weapon | ||
| Repeat violations | ||
| Violations involving a minor |
Conclusion
Breaking a restraining order is a serious offense that can have significant legal consequences. While most restraining order violations are considered misdemeanors, they can be elevated to felonies under certain circumstances. It is important for individuals who are subject to a restraining order to understand the terms of the order and the consequences of violating it. If you are subject to a restraining order and are unsure about the terms of the order or the consequences of violating it, it is important to seek legal advice from an experienced attorney.
