The process of getting divorced is a very trying time for anyone. In cases where the divorce is not completely amicable, or even hostile, there may be a need for a restraining order. A restraining order is necessary when there are threats made against one or both people in the divorce or other feelings of discontent. Restraining orders can be temporary or permanent, depending on the situation.
The downfall is the fact that anyone can violate a restraining order if they are intent on doing some form of harm. The following is some information you should know about restraining orders if you are considering it in your case.
Violating a Restraining Order
It is illegal to violate a restraining order in almost every state intentionally. If someone is served with a restraining order, that person is told what happens should a violation occur. If a person does something that is strictly prohibited by a restraining order or does not do something required by the order, they are considered in violation and will have to face the consequences of doing so.
Violating a restraining order is a misdemeanor offense and is punishable by a fine, jail time, or both. Violations of restraining orders are very serious and can have a major impact on your divorce proceedings. If the order is repeatedly violated, punishments will become more severe. The violator can be considered a felon and charged with contempt.
Accidental Violation of a Restraining Order
There can be some instances in which a restraining order is violated by accident. For example, if one spouse is not supposed to be within a certain vicinity of the other, say 400 feet, and they bump into each other at the grocery store, chances are a judge will not consider it a violation. However, if the spouse who brought the order feels as if he or she was followed or that the encounter was not an accident, he or she can bring that to the court. It is essential to follow the order properly to avoid the possibility of a violation.
If your divorce is tumultuous in nature and a restraining order is desired, you need to let your lawyer know as quickly as you can. Going through a divorce is very emotional and can bring out some feelings in all parties that are not always safe. Always document any occurrences that could be considered a violation as evidence.
For more information, contact your local divorce attorney.