A restraining order sets clear legal limits on contact, communication and certain actions. Breaking those rules by mistake can still lead to criminal charges in Wisconsin. Many people believe an honest mistake will excuse the violation, but the law does not always treat it that way. Knowing how accidental violations happen and how Wisconsin courts handle them can help prevent serious legal consequences.
The legal risks of violating a restraining order
A restraining order stays in effect until the court changes or ends it. Even an honest mistake, such as accidental contact with the protected person, may count as a violation. In Wisconsin, prosecutors generally must prove that a valid order existed, the person knew about it and prohibited contact took place. A first violation may lead to up to nine months in jail or a fine of up to $10,000 – or both. Because these cases can have serious legal consequences, working with an attorney can help protect legal rights and provide guidance throughout the process.
What to do after an alleged accidental restraining order violation
The steps taken after an alleged accidental restraining order violation can make a significant difference. These steps include:
- Stop all contact: End all direct and indirect contact with the protected person. Do not respond, even if the protected person reaches out.
- Preserve all available evidence: Keep copies of phone records, text messages, emails, location data, security camera footage and any other information that may help clarify the circumstances of the alleged violation.
- Do not handle the matter alone: Do not contact the protected person to explain the situation, apologize or ask for the complaint to be withdrawn. Private agreements do not change a court order. Only the court has the power to change the order.
- Follow the order carefully: Continue following every condition of the restraining order until the court changes or ends it.
- Consider seeking legal help: A criminal defense attorney can review the facts, protect legal rights, preserve key evidence and build a strong defense if charges are filed.
Quick legal action can protect legal rights, reduce risks and help to improve the outcome of the case.
Follow the order until it changes
A restraining order stays in place until a court changes or ends it. Following the order can help avoid new legal problems and protect the future. When the next step is unclear, an attorney can explain the law, protect legal rights, and help move the case forward.
