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What happens if someone violates a restraining order?

On Behalf of | Mar 1, 2021 | Blog, Criminal Defense |

Filing a restraining order in Wisconsin could help you protect yourself and your family from an abusive partner. While the individual could still make contact with you, a restraining order makes it illegal to do so. You could even report the breach to the police and have them arrested.

What happens if an individual violates their restraining order?

Under most restraining orders, the subject can’t contact you through phone, mail or social media. They also can’t visit you at your house, school or workplace. Talking to your children is also off-limits. If the individual contacts you in any way, they’re officially breaking the law.

If your abusive partner violates your restraining order, call the police and report the incident. It’s likely that they’ll arrest the individual and charge them with a misdemeanor. They might upgrade the charge to a felony if the individual committed any additional crimes like assault or robbery. Either way, the individual could get jail time and thousands of dollars in fines.

However, keep in mind that a restraining order won’t last forever. Most restraining orders last for two or four years. The individual will also get the chance to defend themselves at a court hearing. If you’re thinking about filing a restraining order, you might want to hire a restraining order attorney so you can figure out where to go from here.

Do you need an attorney when you file a restraining order?

When you file a restraining order, the judge will issue a temporary order that lasts two weeks. After that, you’ll have to attend a hearing where the judge will decide if they should make the order official. The other party has the chance to defend themselves, so you might want to hire an attorney to help you make your case.



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