A restraining order is issued by a court to provide protection for a victim of abuse, assault, stalking, harassment or threats against a perpetrator of said acts in an effort to prevent an escalation of the situation or a crime from being committed.
The defendant in the application for a restraining order may not harass, threaten or abuse the plaintiff and/or their friends/family members and cannot enter their residence or place of work. They may also not attempt any form of communication with the plaintiff. No specific distance between the two parties is generally stated in a restraining order in South Carolina.
Any violation of the terms and conditions of the court order is considered to be contempt of court. However, harsher penalties may apply depending on the circumstances surrounding the violation. A restraining order can be fought in court.
The minimal penalty for a violation is contempt of court which will result in a $500 and/or 30 days in jail. Should the violation result from domestic violence, the fine can be increased to $3,000. Violations with a weapon can increase fines up to $5,000. A violator may also run the risk of being charged with a crime should the violation result in a criminal act.
Also referred to as a protective order, this order is issued by a court to protect victims of abuse and violence in the future. The order may contain a number of provisions that the person against whom the order is issued must adhere to or face penalties.
Violating a restraining order in Virginia is considered to be a misdemeanor and is therefore a crime in the state. Penalties related to the violation may differ depending on the terms of the protection order as well as the severity of the violation. Additional charges may also apply should the violation result in criminal activity.
Penalties and sentencing for violating a restraining or protective order in Virginia is dependent on multiple factors and outlined in 18.2 – 60.4 of Virginia Code. First-time offenders may be charged with a Class 1 Misdemeanor and face the associated fines and jail time. A second offense within a 5 year period will automatically result in incarceration for 60 days. A third offense within a 20 year period will be charged as a Class 6 Felony and the related penalties will apply.
Violating the order while in possession of a firearm will result in harsher penalties. Should the violation occur while the person is out on bail, their bail will be revoked and they will be returned into custody. Additional charges may apply if a criminal act is perpetrated as a result of or in the act of violating the order.
At Haley Law Firm, LLC, we propose that you seek counsel from a lawyer when you are facing a requested hearing. You do have rights, and the legitimacy of the charges brought against you can be tested. A certified lawyer will help set up a resistance to challenge the claims. Our lawyers will decide what move should be made so as to ensure your rights.