If someone puts a protective order on a person and it’s violated what happens?

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If someone puts a protective order on a person and it’s violated what happens?

And what if the person who put the protective order moves back in with the person who they put protective order on without dropping the protective order?

Asked on February 14, 2014 under Criminal Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

  • Once a victim applies for a restraining order and it is granted by a judge, the relationship between plaintiff and defendant becomes a court matter. This means that while the court will consider plaintiff testimony if she requests a repeal, it will not be automatically granted

Plaintiff

  • The plaintiff may not authorize the defendant to violate any part of the restraining order. Only the court has that authority. 

Arrest

  • If a defendant is caught violating a restraining order, he can be immediately arrested by the police.

Punishment

  • The punishment for violating a restraining order varies by state. First-time, non-aggravated violations can carry fines of up to $5,000 and a year in jail. Subsequent, violent, or interstate violations carry increasingly extreme punishments.



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