Violation of a Restraining Order: Charges, Penalties & Bail Options

A violation of a restraining order can result in criminal charges, even when the conduct involved might not otherwise be illegal. Once a court issues a protective or restraining order, the person subject to the order must follow its conditions until it expires or is legally modified or terminated.

Violations can lead to arrest, fines, jail time, and additional restrictions. If you or a loved one has been arrested for allegedly violating a restraining order, understanding the potential consequences and bail process is an important first step.

What Is a Restraining Order Violation?

A restraining order violation occurs when a person knowingly disobeys a valid court-issued protective order.

Depending on the terms of the order, prohibited conduct may include:

• Contacting the protected person
• Calling, texting, emailing, or messaging them
• Contacting them through another person
• Visiting their home or workplace
• Coming within a prohibited distance
• Harassing, threatening, or intimidating them
• Violating firearm restrictions
• Failing to comply with other specific conditions established by the court

The exact requirements depend on the type of restraining order and the terms issued by the judge.

Common Types of Restraining Orders

Restraining orders may be issued in several circumstances, including:

Domestic Violence Restraining Orders

These orders may protect a current or former spouse, dating partner, family member, or another qualifying person from alleged abuse, harassment, or threats.

Civil Harassment Restraining Orders

These may apply when the individuals do not have the type of relationship required for a domestic violence restraining order.

Workplace Violence Restraining Orders

Employers may seek these orders in certain circumstances to protect employees from threats or violence.

Elder or Dependent Adult Abuse Restraining Orders

These orders are intended to protect elderly or dependent adults from abuse, neglect, harassment, or other prohibited conduct.

What Happens After an Alleged Violation?

When law enforcement believes someone has violated a restraining order, the individual may be arrested and face a separate criminal case.

Authorities may consider evidence such as:

• Text messages and phone records
• Emails or social media messages
• Surveillance footage
• Witness statements
• Location information
• Police reports

A violation does not necessarily require physical violence. Prohibited contact alone may be enough to result in an arrest if it violates the terms of the order.

Misdemeanor vs. Felony Charges

A restraining order violation may be prosecuted as a misdemeanor or, under certain circumstances, as a more serious offense.

Factors that can affect the severity of the case include:

• Previous restraining order violations
• Whether violence or threats were involved
• Whether the protected person was injured
• The defendant's criminal history
• Whether other criminal offenses occurred during the incident

Repeat or aggravated violations can result in significantly harsher consequences.

Penalties for Violating a Restraining Order

Potential penalties may include:

• County jail or, in more serious cases, state prison
• Criminal fines
• Probation
• Mandatory counseling or intervention programs
• Additional protective conditions
• Firearm restrictions
• A criminal record

If the alleged violation involves domestic violence, assault, stalking, or criminal threats, additional charges and penalties may also apply.

Bail for Restraining Order Violations

Bail depends on the circumstances of the alleged violation, the defendant's history, and any accompanying charges.

The court may consider:

• Whether the violation involved violence or threats
• Previous violations
• Existing domestic violence allegations
• Risk to the protected person
• Prior failures to appear in court

More serious or repeated allegations can result in higher bail or stricter conditions of release.

How a Bail Bond Can Help

When bail is required, paying the entire amount in cash may be difficult for many families.

With a bail bond:

• A licensed bail bond agent posts the required bail amount
• The defendant or co-signer pays the applicable non-refundable premium
• The bail agency coordinates the paperwork and release process
• The defendant is released subject to all court-ordered conditions

After release, it is critical to continue following every provision of the restraining order. Posting bail does not cancel or modify the existing order.

Related Criminal Charges

An alleged restraining order violation may occur alongside other charges, including:

• Domestic violence
• Criminal threats
• Stalking
• Harassment
• Assault or battery
• Vandalism
• Trespassing

Additional charges can affect both the potential penalties and the conditions of release.

Why Restraining Order Violations Should Be Taken Seriously

Ignoring or misunderstanding the terms of a restraining order can create significant legal consequences. Even unwanted communication that appears minor may create additional problems if the court order prohibits contact.

Anyone subject to a restraining order should carefully follow its terms and speak with an attorney about questions regarding what conduct is permitted.

Need Help Posting Bail?

If you or a loved one has been arrested for allegedly violating a restraining order, our experienced bail agents are available 24/7 to help navigate the bail and release process.

We provide fast, confidential, and professional assistance while helping families understand what to expect after an arrest.

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