A restraining order is a legal order issued by a state court which requires one person to stop harming or harassing another. Violating a restraining order is a crime in itself, and can result in a number of serious consequences.
If you have been arrested for violating a restraining order, it is important to understand what you are facing and what your options are. In this blog post, we will be taking a look at some of the more serious repercussions.
1. You will be arrested and taken into custody.
If the police have probable cause to believe that you have violated a restraining order, they will arrest you and take you into custody. You will then be held in jail until your arraignment, which is your first court appearance.
At this point, the likelihood of being granted bail is low. That’s because the court is likely to find that you are not respecting legal orders and that it’s possible you could be a danger to the public.
2. You will be charged with a crime.
In most states, Texas included, violating a restraining order is a misdemeanor offense. This means that you could face up to one year in jail and/or a fine of up to $4,000 if convicted.
In some states, however, violating a restraining order is considered a felony offense punishable by two or more years in prison and/or a fine of up to $5,000. The punishment can be more severe, in both cases, if there is a history of violence between you and the individual who attained the restraining order against you.
3. Your name will go on the restraining order registry.
If you are convicted of violating a restraining order, your name will go on the restraining order registry. This is a public database that lists the names of all individuals who have been convicted of violating a restraining order.
This can come back to haunt you in a number of ways throughout the rest of your life. It can affect your relationships, jobs, and civil rights.
4. You may lose your right to possess firearms.
Under federal law, it is illegal for anyone who has been convicted of a misdemeanor domestic violence offense to possess firearms. If you are convicted of violating a restraining order, you will lose your right to possess firearms.
5. You may lose your job or professional license.
Many employers have policies against hiring individuals with certain criminal convictions on their record. Violating a restraining order, so often associated with domestic violence charges, is one that employers pay extra close attention to.
After all, risk and safety are top of mind in lieu of the many cases of workplace violence that have proliferated in our society. If you are convicted of violating a restraining order, you may lose your job or professional license (if you have one).
6. You may have difficulty renting an apartment or home .
Landlords often run background checks on prospective tenants and many will not rent to individuals with criminal convictions on their record. The law leaves this at a property owner or landlord’s discretion, and many would rather not deal with the hassle and perception of risk that comes with an individual who has been convicted of violating the law.
7. Your immigration status may be affected .
If you are not a US citizen, violating a restraining order can result in deportation proceedings being initiated against you. Immigration Control Enforcement (ICE) regularly targets for deportation individuals in the country who have been convicted of violating laws.
Violating a Restraining Order Is Just Not Worth It
Violating a restraining order is serious business—and the consequences can last long after the initial violation takes place. If you have been accused or arrested for violating a restraining order, it is important to understand what you are facing and what your options are.
While an experienced attorney can help protect your rights and fight for the best possible outcome in your case, you can’t build a good defense from behind bars. That’s where the pros at PCS Bail Bonds can be your ally. Contact us today to get a quick release so you can start the process of protecting your rights.