What happens if I contact someone I have a restraining order against?
Asked by: Erwin Stamm | Last update: June 13, 2025Score: 4.8/5 (58 votes)
What happens if I talk to the defendant while I still have a restraining order? You are not violating the order if you contact the defendant , but the defendant could tell the court that you contacted them. They could use this at the next hearing to argue that the order should not be extended any longer.
What happens if you contact someone with a restraining order?
Violating a restraining order in California is a criminal offense, punishable by fines, imprisonment, or both. The penalties for violating a restraining order are outlined in California Penal Code section 273.6, and they can vary depending on the circumstances of the violation and any prior offenses.
Can you get in trouble for texting someone you have a restraining order against?
Simple answer is: yes. Restraining orders typically spell out that the restrained person may not have direct physical contact (eg certain number of feet or yards distance) as well as communication contact. Texting is communication so it would be prohibited.
How long does a restraining order last in Hawaii?
A temporary restraining order (TRO) is valid for 180 days from the time the TRO is granted and filed. unless otherwise ordered by the court. If you want to extend the TRO, an Order to Show Cause (OSC) hearing is required.
Can a victim get in trouble for violating a no contact order?
However, in rare cases victims have been charged with facilitating breaches because of their efforts to contact an accused person or have the accused person contact them. Usually they are not charged. A no contact order violation by a victim is not a violation of a court order.
TRUTH About RESTRAINING ORDERS that will SAVE YOUR LIFE
Do police check on no contact orders?
Once received, that agency enters the order into their system so that all officers with access to the system can see details regarding the order simply by searching the individual's name who has the order placed against them.
What happens if the petitioner violates a restraining order in Hawaii?
What Is The Penalty For Violating A TRO? In Hawaii, a violation of a TRO results in a minimum jail sentence of 48 hours and up to a $500 fine.
What is considered harassment in Hawaii?
Harassment, a petty misdemeanor, is a form of disorderly conduct aimed at a single person, rather than at the public. The intent to harass, annoy, or alarm another person must be proved.
What happens if the petitioner does not show up to a restraining order hearing?
If you miss your court hearing for a temporary restraining order in California, the court may dismiss your request for the order due to your absence. When a petitioner does not show up, the court often interprets this as a lack of interest or necessity in pursuing the restraining order.
How many texts are considered harassment?
When you keep sending repeated text messages, it can count as harassment. Keep in mind, though, that there are some exceptions. For instance, a friend of yours asking if you're okay may send repeated messages if you're not answering. Naturally, this would not be considered harassment.
Can a restraining order stop someone from talking about you online?
A restraining order is a court order requiring a person to do (or not do) certain things. In the context of online abuse, a restraining order prevents the perpetrator from further contacting and harassing the victim.
Do they check phone records for no contact orders?
So yes, there are many ways, in the course of investigation, that your phone records can be obtained. They can't, in advance, track your cell phone though. We can't obtain those rights just because we may anticipate someone violating an order.
Will someone know if you get a restraining order?
Myth: Once the judge approves the RO, the abuser must stay away immediately. Fact: RO's are NOT in effect until the abuser is notified. An abuser will not know there is a restraining order against them until the police serve them the paperwork. That could happen that same day or might not happen for several days.
What is indirect contact in a restraining order?
Indirect Contact: Attempting to or making contact with a prohibited person through another person, including asking a mother, child, teacher, or friend to: • Tell a prohibited person something or do something to that prohibited person that you are not permitted to do.
What are 3 actions that are considered harassment?
Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.
Is intimidation a crime in Hawaii?
(3) Intimidating a witness is a class C felony.
How long does a temporary restraining order last in Hawaii?
It is valid for up to 180 days or until a final order for protection becomes effective, whichever happens first. Generally, a hearing on the TRO will take place within 15 days, once the other party is served.
Can you sue someone with a restraining order?
Can A still sue me/take me to court if I have a stay-away RO against him? Although I cannot speak to the specific laws in your state, a respondent may not be prevented from bringing a lawsuit against a person who has a restraining order even if it is a stay-away order or a no-contact order.
Can the petitioner contact the respondent?
Before the order is issued, yes. After the order is issued, neither party should have any direct or indirect contact with the other. But indirect contact wouldn't include contact with a defendant's family member for purposes having nothing to do with the defendant and never mentioning the defendant.
What are the rules for a TRO?
To obtain a TRO, a party must convince the judge that they will suffer immediate irreparable injury unless the order is issued. If the judge is convinced that a temporary restraining order is necessary, they may issue the order immediately, without informing the other parties and without holding a hearing .
What are good reasons to drop a restraining order?
A significant change in circumstances, such as improved behavior, completion of anger management or counseling programs, or evidence that the risk of violence has diminished, may provide grounds for seeking the dismissal of a restraining order.
How to find out if someone has been served a restraining order?
Go to the local district courthouse where the restraining order would have likely been filed. You can use your brother's name (he would have been the defendant) to locate his file. If he was served with a restraining order, there will be a file with his name enclosing all documents filed.
Can you be around someone with a no contact order?
In a no contact order, a person is prohibited from having any physical or verbal contact. This means a person may not have face-to-face, telephone, or internet contact as well.
Can police see what you order online?
Warrants and Subpoenas
Police can obtain a warrant or subpoena to compel search engines, websites, or internet service providers to hand over your search history. This requires probable cause and judicial approval.