A restraining order isn’t just a cautionary measure—it’s a legally binding directive from the court. Violating it can result in serious legal consequences. Whether the breach was intentional or accidental, the law treats all violations with severity.
Understanding what constitutes a violation
Seemingly minor actions can constitute a breach of a restraining order. Direct contact through phone calls, text messages, or in-person visits, as well as indirect communication through third parties, all count as violations. Physical harm isn’t necessary to trigger legal consequences; any form of contact is sufficient.
If you’re uncertain about the order’s contents, request a copy from the court. It’s your duty to fully understand and comply with its terms. Courts do not accept ignorance or misunderstanding as valid defenses.
Potential legal consequences
In Massachusetts, violating a restraining order is a criminal offense. A first-time violation can lead to incarceration for up to 2.5 years and fines reaching $5,000. Subsequent offenses, or violations involving threats or violence, carry more severe penalties.
Additional criminal charges may arise from the same incident. For instance, if the contact included property damage or threats, you could face further prosecution and harsher sentencing.
Law enforcement and judicial response
Police have the authority to arrest you immediately upon suspecting a violation, without needing a warrant. Following arrest, the court may schedule a hearing to determine whether you should be detained pending trial.
During the hearing, the judge evaluates the evidence, prior incidents, and the level of risk posed to the protected individual. If the court perceives a likelihood of repeated violations, pretrial detention becomes more probable.
Even if you believe the order is unjust, violating it undermines your legal standing. It can negatively influence related legal matters, such as custody disputes or open criminal cases. To seek modifications, use the proper legal channels and petition the court.
