A restraining order, also known as a protective order, is a legal injunction issued by a court to protect an individual from being harmed, harassed, or threatened by another person. These orders can arise from a variety of situations, and they can be enforced against someone even if they haven’t been convicted of a crime.

Local firm LaHood Norton Law Group explains that violating a restraining order is a crime in itself and can carry serious legal consequences, including criminal charges, fines, and incarceration.

What can lead to a restraining order?

Restraining orders are usually sought when one individual feels threatened or endangered by another. Common situations that may lead to a restraining order include:

  • Domestic violence: Physical abuse or threats by a current or former partner or spouse.
  • Stalking: Repeated, unwanted attention or following that causes fear or distress.
  • Harassment: Ongoing unwanted contact, communication, or behavior that intimidates or bothers another person.
  • Sexual assault or threats: Incidents or credible threats of sexual violence or coercion.

To obtain a restraining order, the petitioner (the person seeking protection) generally needs to provide evidence of the behavior that justifies the request, such as police reports, medical records, witness testimony, or documented communications like emails or text messages. In Texas, they must also demonstrate that they (or their spouse or dating partner) have a close relationship with the target of the restraining order, also called the respondent.

How is a restraining order lifted?

A restraining order remains in effect for a specific period determined by the court, or until it is officially lifted. Lifting a restraining order typically involves a formal court process and can be initiated by either the petitioner or the respondent. The process usually includes:

  1. Filing a motion to modify or dismiss: A formal request must be submitted to the court that issued the order.
  2. Court hearing: A judge will hold a hearing to review the request and determine whether it is appropriate to lift or modify the order.
  3. Presentation of evidence: Both parties may present arguments or evidence. The judge will consider whether the circumstances that justified the order have changed or resolved.

Importantly, even if the petitioner wants to drop the restraining order, only a judge can officially lift it. Until that happens, the order remains legally binding.

Legal consequences of violating a restraining order

Violating a restraining order is a serious offense and can lead to multiple legal consequences, including:

  • Criminal charges: In most jurisdictions, a violation is considered a misdemeanor, but it can escalate to a felony in certain cases, especially if it involves violence or repeat offenses.
  • Arrest and jail time: Law enforcement officers can arrest a person immediately upon suspicion of a violation. Convictions often result in jail time, particularly for repeated violations.
  • Fines and court costs: Courts may impose financial penalties, which can be as high as $10,000 if the violation is deemed a felony.
  • Impact on custody and visitation: A violation may negatively impact family law matters, such as child custody or visitation rights.
  • Criminal record: A conviction for violating a restraining order becomes part of a person’s criminal record, potentially affecting employment opportunities, housing applications, and other aspects of life.

Violations may include physical proximity to the protected person, attempts at communication (including texts, emails, social media, or phone calls), indirect contact through a third party, or even damage to the petitioner’s property.

Restraining orders are serious legal tools designed to protect individuals from harm. Obtaining one requires evidence of threatening or abusive behavior, and lifting it requires formal court action. Violating a restraining order can lead to significant legal consequences, including arrest, fines, and imprisonment. Anyone subject to a restraining order should understand the terms and strictly comply with them to avoid legal trouble. If someone believes a restraining order is no longer necessary or was wrongfully issued, the appropriate course of action is to petition the court—not to ignore or violate the order.

LaHood Norton Law Group is experienced in litigating a variety of crimes, including assault and domestic violence. The firm employs former prosecutors who understand both sides of the courtroom so that they can best represent their clients. Contact LaHood Norton Law Group for a free case consultation online or by calling 210-797-7700.

This article is educational in nature and should not be considered official legal advice.

This article is sponsored by LaHood Norton Law Group.