Once a protection order has been entered against someone, it is important that the restrained person do nothing to violate it. Violation of a protection order is a crime that may be punishable by fines and also imprisonment. It would also be considered a civil contempt of court. The restrained person should definitely obey the restraining order. If they believed that the protection order was granted improperly or that order is no longer needed, the restrained person or protected person could file a motion asking the court to dissolve or modify the order, or they could appeal against the court’s granting of an extended protection order.
Can Anyone Do Anything To Stop, Change, Or Remove A Restraining Order Placed Against Them?
Yes, it is possible to file a motion to ask the court to dissolve or modify the restraining order, and in some cases the restrained person would be able to appeal to the courts regarding the granting of a permanent restraining order.
How Do You Advise Clients To Handle Situations Where The Restrained Person Made Contact With The Protected Party?
If the protected party is still receiving phone calls or being contacted by the restrained person, after they have been given notice of the temporary or permanent restraining order, the first step would be to report it to the authorities so that steps may be taken to punish the violation of the protection order.
Should The Restrained Person Have The Court Resolve The Matter Before Engaging In Any Interaction With The Protected Party?
Yes, the restrained party should definitely do so, because they would not want to give the court or give the protected person any reason to bring charges that they were in violation of a restraining order and thereby expose themselves to the possibility of contempt charges, fines, and jail time.
Could A Restraining Order Affect the Person’s Employment?
A restraining order that was registered with law enforcement could have serious implications on a person’s employment. In the United States, all agencies have access to electronic databases through the National Crime Information Center registry.
The information about a restraining order could also come up during a Department of Justice background check, so the impact would likely be more if someone was applying for jobs that required a much more exhaustive check, like if someone was applying for the position of a coach or a youth mentor or even a government job which would require an extensive background check.
For more information on Dos And Don’ts Of Restraining Orders, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (714) 697-8600 today.