A domestic violence restraining order, also known as an abuse prevention order, is a document issued by the civil courts. People who have experienced domestic violence, harassment or stalking can petition the courts for an abuse prevention order.
Once the courts grant that order, they should have immediate relief from abusive conduct. If the other person continues contacting them on social media, showing up at their place of work or otherwise violating the order, the party who sought the order can notify law enforcement. Documentation of violations can have significant consequences for the person subject to the order.
What are the potential penalties?
While an abuse prevention order is a civil court order, violating the order is a criminal offense. If an investigation by law enforcement professionals validates the claim that one party violated the order, they could face incarceration for up to two and a half years.
Other times, the courts may place the person who violated the order on probation. Additionally, the criminal conviction that follows a violation produces a criminal record that shows up during a background search.
Prospective landlords and employers can learn about the issue and may choose not to extend opportunities to an individual. Violations of court orders can also have an impact in future custody proceedings in some cases.
While a restraining order or abuse prevention order does not automatically prevent misconduct, it does generate consequences for the person abusing or stalking someone else. Working with a lawyer to obtain an abuse prevention order and enforce it as necessary can protect people from escalating domestic violence.