It takes a lot of self-control not to contact the most important
person in your life. Even when it is against the law many people
do it anyway at their peril. Restraining orders only go one way,
against you. If the victim is calling you keep track of the calls
and save the messages, but tell them you are under the restraining
order and hang up the phone. A lot of so-called victims of domestic
violence will abuse the restraining order by inviting you back,
get mad at you again and have you arrested again. They wont
get in any trouble for doing this to you, and youll go to
jail. Never risk arrest for violating the restraining order for
ignore a civil restraining order, even if you think it was not properly
served, was illegally obtained, or based on false information. When
a judge issues a temporary restraining order it is illegal to disobey
the order. You can be prosecuted for ignoring the restraining order.
If you persistently ignore the courts order by violating the
temporary restraining order the judge may impose a permanent restraining
order that will last at least three years. Go to the court date
on the notice to appear with an attorney to represent you. The prosecution
can use anything you say in your civil case against you in the criminal
probably have some property where the victim is living you want
to get back. The only way is to hire an attorney or wait until you
are appointed an attorney and have the attorneys investigator
contact the victim to arrange to get the defendants belongings
back or to communicate with the victim for any reason. You risk
arrest for violating the restraining order if you go there by yourself,
even using the civil standby process. Using a civil standby makes
you vulnerable to more misdemeanor criminal charges. Restraining
orders prohibit contacting the victim through a third party, which
includes your friends, family and their friends.
a defendant needs to get personal belongings from their house they
must contact the police and ask them to stand by while they quickly
get their essential possessions. Make sure you are clearly more
than 150 yards away from the residence when you call the police.
The police will not permit any argument about what belongs to whom
and what doesnt. It is better to abandon your belongings than
to set yourself up for a misdemeanor conviction for violating a
court order that carries the usual domestic violence penalties.
defendant in a domestic violence case always has a restraining order
put on them by the court making it a misdemeanor crime for them
to have any direct or indirect contact with the victim. Even if
the victim contacts the defendant the order remains in effect until
a judge lifts it. A victim cannot lift a restraining order, only
a judge can. This means that if the victim lives there (or the restraining
order incorrectly says they do) a defendant cant go to their
house for any reason even if they pay the rent or own it. Defendants
cant call. It is difficult for defendants to visit their children.
Even if a defendant is innocent of any crime they can still be prosecuted
for violating the restraining order itself. Most restraining order
violation cases are easily proven.
the D.A.s office will dismiss a case without filing charges.
In this situation the restraining order will still be in place for
several days. The D.A. can reinstate the charges for a year if its
a misdemeanor, longer if its a felony. If a defendant makes
unwanted contact with the victim after the temporary restraining
order expires their activities could be reported to the police and
they could be charged with the crime of stalking. Voice mail messages,
e-mails, letters, floral bouquets, notes on cars, visits to the
victims workplace, can all be used in evidence in a stalking
victim who wants to have the restraining order removed in a pending
case or where a defendant is on probation has to come to domestic
violence court and talk to the judge to explain why the order is
unnecessary. A judge wants the victims word that they will
call the police if there is any new violence from the defendant.
A victims rights advocate will ask to talk to the victim about
why he or she wants the stay away lifted. The assistant district
attorneys always urge the judge not to lift the restraining order
in the interest of the victims safety.
a case is pending the court often requires the defendant to start
a domestic violence batterers program and attend several weekly
meetings with good progress reports before they will consider lifting
the stay away order. The judge presumes that the facts contained
in the police report are true when making decisions about the restraining
order. Dont discuss the facts of your case in class or admit
new possible violations because domestic violence counselors will
inform the probation officer who sits in the domestic violence court.
The probation officer is working for the prosecutor.