What Not to Do When There is an Order of Protection Against You

 Posted on July 18, 2023 in Criminal Law

Having a restraining order placed against you can be tremendously inconvenient, and often hurtful. You may be feeling angry or upset, especially if the allegations used to obtain the order are untrue or not a complete picture of what happened. Restraining orders can be levied by either the criminal or civil court. If you were arrested for an offense like stalking or domestic violence, it is likely that the court has almost automatically imposed a protection order. If you were not arrested, it is more likely that the protected party went to a civil court to have the order placed. Following the terms of the order can be difficult. If you and the protected party lived together, having a restraining order placed generally means instantaneous eviction. This can be enormously stressful, as you may or may not have a friend or family member in the area to stay with. However, it is critical that you comply with the terms of the order. Failing to do so could mean getting arrested. If you have been served with a restraining order, your top priority should be finding legal counsel. 

Complying With the Terms of a Restraining Order

Breaking the terms of a restraining order could land you in jail. While the order is active, it is important that you do not: 

• Contact the protected party - Any form of contact with the protected party - including text messages, social media messages, or even asking a friend to pass along a message - may be a criminal offense. If the order came as a surprise, your first instinct may be to ask the protected party what is going on. Do not do this. 

• Have weapons - If you possess weapons that are prohibited under the terms of the order, it is essential that you move them out of your possession promptly. You may be able to have a friend or family member pick them up, or your attorney may instruct you on how to surrender your weapons to the police. 

• Make social media posts - Making a social media post about the protected party may be considered contact or harassment and could be enough for an arrest warrant to be issued. 

• Return home - If you cohabitate with the protected party, you absolutely cannot return home except with the police to gather a few personal belongings. Even if the house or apartment is exclusively in your name, the protected party has the right to keep living there and you do not. You may even be charged with criminal trespass if you enter the home. 

Courts take violations of protection orders extremely seriously. Violating them can mean jail time. You must follow the terms of the order and your attorney’s advice. 

Contact a Waukesha County Criminal Defense Lawyer 

If you have been served with a restraining order or have been arrested for a related criminal offense, Bucher, Wolff & Sonderhouse, LLP can help. Our experienced Waukesha criminal defense attorneys will carefully guide you on how to handle the situation. For a free consultation, please contact us at 262-232-6699. 

Source: 

https://www.wicourts.gov/services/public/selfhelp/restord.htm