Violating a restraining order is a serious allegation with significant short-term and long-term consequences. If you have been accused of a criminal violation of a restraining order, it is critical that you seek legal support from an experienced and aggressive advocate who can represent you in the negotiations room and the courtroom. Attorney Singleton and Attorney James are a powerful voices in the courtroom who can fight tirelessly for your rights in the face of restraining order charges.
Schedule a free consultation online with The Singleton Law Firm, LLC to learn about how the firm can defend you.
Terms of a Restraining Order
Individuals who have experienced domestic abuse may petition for temporary or final restraining orders that can legally protect them against the alleged abuser. Each restraining order can have different provisions, but they generally order:
- the alleged abuser to stop committing acts of domestic abuse against the petitioner;
- the alleged abuser to stay away from the petitioner’s residence or any other location they are temporarily occupying (if the alleged abuser owns the home where they are both living, the judge may order the abuser to stay away from the property until the petitioner can move);
- the offender to avoid contacting the petitioner directly or through a third party (except through attorneys or law enforcement);
- the abuser not to remove, hide, damage, harm, mistreat, or dispose of, a household pet;
- the abuser to allow the petitioner or their family or household member acting on their behalf to retrieve a shared household pet; and
- any relief requested by the petitioner, if the judge deems it appropriate.
Be aware that individuals subject to a restraining order must also relinquish any firearms in their possession and may not purchase any.
Temporary orders may last up to 90 days, after which the petitioner may seek a final injunction, which can last as long as 4 years.
Penalties for Violation
Violating a restraining order is a misdemeanor punishable by $10,000 in fines and up to 9 months in jail. Note that to bring forward a charge for violating a restraining order, the state must prove:
- there was a legally-valid restraining order in effect against the individual;
- the individual knew that a restraining order was issued in their name; and
- the person engaged in activity specifically prohibited by the order.
In the absence of any of the above, you may have a solid defense against your allegations. An experienced Wisconsin criminal defense lawyer can better help you craft the right defense in your restraining order case.
Contact The Singleton Law Firm, LLC
The consequences upon conviction for violating a restraining order are serious. You could face fines, jail time, and even hurdles to future employment opportunities. Don’t let an accusation ruin your life without a proper legal fight. Remember that a charge is not a conviction; you’re not guilty while we’re working on your legal strategy. Let The Singleton Law Firm deliver an aggressive defense in the courtroom to protect your rights as a defendant.
Schedule a free consultation with The Singleton Law Firm, LLC to get started today.