is it a felony or a mistimeanor or something less and how much time is a person looking at in jail or prison for breaking a protection order. "similar" to a restraining order
2006-09-12 12:02:24 · 11 answers · asked by troy2281 2 in Politics & Government ➔ Law Enforcement & Police
*****added*****
ok, if i had a protection order up against me not to have any contact with my wife or anyone in the house hold, if I went there to visit my daughter as she called the police "with no harm done to anyone nor any resisting."
2006-09-12 12:15:06 · update #1
to catsugarcrisp i don't take offense to what you said because thats not what happend, though i am guilty off repetedly calling her thus the reason for the protection order. i could never hit a woman for the record
2006-09-12 12:22:42 · update #2
A restraining order, peace bonds and protection orders are not criminal offenses and it also depends on if it was issued from family, civil, or criminal courts, and will not appear on your criminal record. However, breaching a restraining order is a criminal offense.
Any kind of restraining order only works when the person whom it is protecting notifies law enforcement.
Every state, court and judge is different, I would look in the state's statures to find out the laws and codes for the state you are in, but you could be charged with breaching bail conditions and possibly be rearrested and brought in front of the court for a new bail hearing, with new conditions on the release.
Best bet to just check out the laws for your area county and city can also vary, and possibly getting lawyer's opinion or look to see if your state has a equal rights for men like equal rights for divorced fathers or the equivalent to the women's domestic group. They are nonprofit and will help you with legal and court papers as well.
Best thing is to follow the order and do not contact and avoid any contact from her part, she still can press charges and be sure to keep any documents, phone records if she does and go through the courts to see your daughter, it is the safest route.
2006-09-12 12:33:57 · answer #1 · answered by rvn_tigger 1 · 1⤊ 0⤋
In Texas, vioaltion of a protective order is a class A misdemeanor in most cases, but it can go up to a felony based on possible previous convictions. This is in Penal Code Chapter 25.07, cited below.
2006-09-12 12:31:13 · answer #2 · answered by Steve R 3 · 1⤊ 0⤋
Violating a court order is generally (by itself) neither a felony nor a misdemeanor. Though, the underlying action which violated the order might be either one.
Violating a court order results in a contempt citation, which can include either civil or criminal penalties. But while the process is similar, it is usually treated differently than a statutory criminal violation.
2006-09-12 12:05:37 · answer #3 · answered by coragryph 7 · 2⤊ 0⤋
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2014-10-01 18:47:54 · answer #4 · answered by Anonymous · 0⤊ 0⤋
In the state of NH no matter how or why you break the restraining order you are going to jail. If your wife has a restraining order that says no contact with her family member and you are shopping at the local Wal-Mart and your sister-in-law passes by, YOU are going to jail if either she or your wife complain.
It is amazing how often woman get restraining orders then chage their mind, get back with the ex and "forget' to drop the order. Next thing you know they get into an argument and suddenly HE is hauled off to jail.
If there is a restraining order against you it is YOUR responsibility to avoid all contact. If she calls, if she allows your child to call, whatever CYOA (cover-your-own-a s s)
2006-09-12 12:43:53 · answer #5 · answered by ebosgramma 5 · 1⤊ 0⤋
ebosgramma is incorrect about the Wal-mart example. Unless the order specifically lists the Wal-mart as a restricted location, you won't be in trouble for being there unless you went knowing she would be there. You do have to stay away from her once you know she is there.
2006-09-12 13:46:52 · answer #6 · answered by STEVEN F 7 · 1⤊ 0⤋
It is contempt like Coragryph said, but in my state it's criminal not civil. Where i live the bail starts for commiting this crime is about ten thousand.
2006-09-12 12:20:17 · answer #7 · answered by bondsman022 1 · 0⤊ 0⤋
Depends on how you break the order, usually it just a civil or city case unless you commit another crime in the process of breaking the order
2006-09-12 12:12:33 · answer #8 · answered by Anonymous · 0⤊ 0⤋
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2016-04-11 09:00:31 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I WANNA KNOW WHY YOU HAVE A RESTRAINING ORDER FROM YOUR WIFE. WHERE YOU BEATING HER YOU LOSER?
2006-09-12 12:16:34 · answer #10 · answered by Slappin 3 · 0⤊ 1⤋