What happens if you contact someone that has a restraining order against you?
Asked by: D'angelo Wiza | Last update: August 13, 2025Score: 4.6/5 (69 votes)
The person who is named as the " defendant " on your restraining order is the only person who can violate the order. You can't violate the order that is against the other person. If you call or go see them because you need to talk about the kids or something else, you are not violating the order.
What happens if I contact the person I have a restraining order against?
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.
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.
Does the other person know if you put a restraining order on them?
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.
TRUTH About RESTRAINING ORDERS that will SAVE YOUR LIFE
Is a restraining order active if not served?
In California, the law is clear. Proof of service must be filed before an order can be enforced. This rule applies to all types, including those for domestic violence and elder abuse.
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.
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.
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.
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.
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.
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.
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 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.
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.
Will I be notified if I have a restraining order against me?
If someone has filed a protection order against you, typically you would be notified by the court. However, the specific procedures and requirements for protection orders can vary depending on your jurisdiction.
Are employers notified of a restraining order?
An employer will not automatically be notified by the court if a restraining order is issued against their worker, and it may not even show up on a background check unless the employee has security clearance or carries a weapon.
Can someone get a restraining order without you knowing?
If the judge or referee believes you have adequately established the elements of a restraining order (more on that below), it can issue a temporary restraining order. If the order is issued without notifying the other person, it's called an ex parte order.
How to prove you were not served properly?
Surveillance: You can provide surveillance footage showing you were not served at the alleged date or that the service was improper. Mail Records: If there's no mail delivered to you or if you haven't signed the receipt. It can indicate improper service.
Is it worth suing someone with no money?
Essentially, you might think suing someone with no money is futile, but that's not the case. The law protects your rights and allows you to seek compensation if someone causes you harm or loss, regardless of their financial status.
Can I get penalized for contacting someone I have a restraining order against?
What Happens If A Person Violates A Restraining Order? Violation of a Restraining Order can result in arrest and time in jail.
How do you legally tell someone to stop contacting you?
If someone is harassing you, a cease and desist letter may convince them to stop. However, you are not required to send a cease and desist letter before taking legal action.
Can police tap your cell phone without your knowledge?
Can police tap your phone without your knowledge? Yes, there are rules that police must follow when tapping a telephone line. These include time limits so that law enforcement cannot listen indefinitely. Police are required to limit wiretapping only to phone conversations, which will likely result in evidence.
Can you text someone with a restraining order?
Typically, a protection order will bar you from contacting the person who took out the order against you in any way. This includes calling, texting, emailing, or using a social network to contact the alleged victim.