Restraining Orders can be either from District of Family Court. Wherever it is from a violation of a permanent or temporary restraining order, violations have up to one year in jail and a 2000 dollar fine in most cases. Because you can be sentenced to up to a year in jail, there is a right to a jury trial attached to these type of charges.
Non Family Court Restraining Orders are typically from neighbor disputes or disputes amonst friends or unknown persons resulting from disputes. There is no mandatory jail for first offenses of this type and you may get a deferral, which means for a first offense you may be able to get the case dismissed and not on your record after a period of probation and other requirements of the court. Subsequent offenses may carry mandatory jail terms.
Family Court Restraining Orders are more strick. There may be mandatory jail, even on first offenses. In addition you may not get a deferral if convicted so may have it stuck on your record forever unless you win the case.
No matter which type of restraining order it is, it is one sided. That means only the Court can cancel it. Sometimes, especially in domestic violence restraining orders, the person who initally got the restraining order changes their mind, no longer wants it, and asks for the other party to come back with them. This cannot happen without court approval and even if the other party invites you back you can still be arrested and charged for a violation if you maintain contact with court approval.
In addition, with a conviction of this type of case you can never own or possess a firearm if found guilty. That usually means being discharged from the military or other jobs requiring the use of a firearm. Family Court violations carries the presumption that you are an unfit parent and it may have severe immigration consequences for non citizens.
Mr. Burge has handled many restraining order violation cases, with many of them going through with jury trials. If you would like to discuss such cases more with him contact the office for a free initial consultaion.
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