A restraining order is a type of injunction of which the primary goal is to protect people from violence. An injunction is a court order to continue or cease actions between multiple parties. Injunctions are often referred to as restraining orders but they are a bit different. For example, a temporary restraining order (TRO) is usually issued while a permanent injunction is being worked out in court. These hearings can have serious long term effects on your life and can bring serious charges if you violate the court order.
There are five types of restraining orders/injunctions: Dating Violence, Sexual Violence, Domestic Violence, Stalking and Repeat Violence. If you violate any of the above injunctions you will face a first degree misdemeanor charge which can bring up to one year in jail and a $1000 fine. Repeat violations can bring heavier charges such as a third degree felony punishable by up to 5 years in prison and a $5000 fine. That is why it is imperative to have an attorney with you during these hearings.
Also, if an injunction is ordered against you, it could very likely be permanent. If it was a Domestic Violence injunction, that means you must surrender all firearms in your possession and not ever be in possession of a firearm. Failure to do so will bring a first degree misdemeanor charge. Additionally if you are the petitioner (person filing the injunction against someone) of a domestic violence injunction, it might help you sleep at night if you know your former significant other cannot legally own or possess a firearm.
Here at Gans Law we represent both petitioners and respondents of injunctions/restraining orders and are familiar with both sides of the law. If you are thinking about filing an injunction or have had one filed against you, give us a call for a free consultation.
Local: (407) 500-GANS (4267)