Understanding the Legal Ramifications of Violating a Restraining Order
A restraining order becomes legally binding as soon as the court issues it. Violating any of its specific terms knowingly or unknowingly is considered a serious offense. According to Oregon Law Help, violations can include direct or indirect communication with the protected individual, failing to maintain the required physical distance, or not complying with other restrictions, such as surrendering firearms.
Even if the violation is minor, law enforcement has the authority to act immediately. They can arrest if there is evidence of a breach, whether or not it was intentional. Oregon law allows prosecutors to independently pursue charges, even if the protected party does not want to press them
Penalties for Restraining Order Violations in Your State
Violating a restraining order in Oregon carries severe penalties that can impact multiple aspects of your life. According to Legal Clarity, violators may face immediate arrest, probation, mandatory counseling, or domestic violence education programs. Depending on the case specifics, penalties can range from fines to significant jail time.
Judges also assess the defendant’s intent and prior violations. While first-time offenders may receive lesser penalties, habitual violators or cases involving acts of violence are treated more stringently, and felony charges can potentially be filed.
What Happens if You Violate a Restraining Order?
Violating a restraining order is a crime, and crimes typically result in consequences. Violation of a restraining order can result in fines as well as jail time. Getting arrested for a restraining order violation typically occurs when the alleged victim of a restraining order receives a communication from the Respondent, in violation of the Order issued by the judge. Even a benign message to the alleged victim will result in arrest if reported.
The law related to a criminal restraining order violation is found in ORS 33.065, which details contempt of court. The possible sentencing related to a conviction is found in ORS 33.105.
Typical Bail Amount for Restraining Order Violations
From a procedural standpoint, after an arrest, the defendant will get the opportunity to post bail. In many instances for restraining order violations, that bail amount will be set at $5,000, which means that if the defendant pays $500 (10%) they will be released. If the defendant fails to show up for court, then the court will go after the person who paid the $500 for the remaining $4,500 (the other 90% of the bail amount).
Before or after posting bail, the defendant will receive notice of arraignment, wherein the defendant will be asked to state their position (guilty, not guilty, no contest). Thereafter, the court will set additional dates for future court hearings.
Steps to Take if Arrested for a Restraining Order Violation
An arrest for violating a restraining order can be overwhelming. However, there are steps you can take to manage the situation effectively:
- Remain Calm and Cooperative
Upon arrest, ensure you remain calm and respectful to law enforcement. Avoid making statements that can inadvertently be used against you.
- Understand the Charges
Once in custody, you will be informed of the charges during arraignment. You’ll also have the opportunity to enter a plea. Listen carefully to the details of your case.
- Document the Circumstances
If there was any misunderstanding or mitigating circumstances, document them. For example, accidental violations or miscommunications can sometimes factor into your defense.
- Contact an Attorney
Having a criminal defense attorney who knows Oregon laws well can make a critical difference in the outcome of your case. They can help you understand your rights, evaluate the prosecution’s evidence, and build a legal defense.
How a Criminal Defense Lawyer Can Help with Restraining Order Violations
Navigating the legal landscape alone can be risky, as restraining order violation cases can be complex. A criminal defense lawyer plays a crucial role in representing your side of the story. They may help:
- Challenge the Evidence
A lawyer can examine gaps in the prosecution’s evidence, such as proving that the violation was unintentional or due to unclear terms in the restraining order.
- Negotiate Reduced Penalties
Legal representation often results in plea bargains, potentially leading to lesser charges or sentences.
- Advocate for Your Rights in Court
If your case goes to trial, your attorney can challenge witnesses, present evidence, and argue for a more favorable interpretation of the events.
Consequences of Restraining Order Violations
The biggest question that the defendant likely has is in regards to the consequences of a restraining order violation. The vast majority of the time, restraining order violations result in probation for 12 to 18 months, and possibly a requirement that the defendant enroll in domestic violence classes. In addition, the court will likely order the defendant to pay costs and expenses.
Many, but not all, restraining order violations are “clear cut.” For example, a benign text to the Petitioner, even one as simple as “I miss you” or a “kissy face emoji,” can result in arrest and a criminal violation. Each case is unique; for example, one can imagine a situation where one “pocket dials” the alleged victim, or an instance where the “violation” arose during a few texts about a parenting time exchange. In either of these instances, it would obviously be wise to have an attorney representing your interests. Even if the violation is clear-cut, an attorney at Levine Law Center can help cut a deal.
What Happens if the Plaintiff Violates a Restraining Order?
If the plaintiff violates his or her own restraining order, he or she won’t be arrested or charged with contempt of court. However, there may be repercussions, such as the defendant using that contact as justification for having the order dismissed or modified.
Can a Restraining Order Violation Impact Your Future?
Yes, a restraining order violation can have long-term repercussions beyond immediate penalties. Your record of compliance may influence future legal cases. Courts evaluate prior violations when issuing new orders, with stricter terms applied if needed.
Violations can also impact personal and professional opportunities. Court rulings regarding restraining orders are public records, which could have consequences for background checks during employment or rental applications.
If you have been arrested for a restraining order violation, give the Portland attorneys at Levine Law Center a call at (503) 208-3459 or write us. We can help address your situation as no two cases are the same.
