Breach of Restraining Orders & Non-Molestation Orders
What is a restraining Order?
Breaching a restraining order is a serious offence; when someone breaches, or fails to comply with a court order, they are acting in contempt of court. If the breach is proved, the penalties can be severe.
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If you have been accused of breaching a restraining order or a non-molestation order, Joe Rawlings recommends seeking legal advice straight away. Joe is experienced and specialist in this area of law. Do not hesitate to get in touch with him.
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What is a Non-molestation Order?
Non-molestation orders, also known as injunctions, are made by the family courts and offer protection to couples (engaged, married and divorced) as well people in relationships. Non-molestation orders can also protect children. They are designed to protect people from violence, threats of violence and intimidation.
IT IS IMPORTANT TO NOTE THAT BREACH OF EITHER ORDER IS AN IMPRISONABLE OFFENCE.
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What happens if you breach a restraining order?
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As one of the leading criminal defence lawyers in Greater Manchester and a specialist in this field, Joe can tell you that breaching a court order, including a restraining order, is a serious offence that carries severe legal consequences.
If convicted, you may face hefty fines, loss of important rights (such as child visitation rights), community service, probation, or even imprisonment.
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However, the severity of the penalty will depend on the individual circumstances of the case, including the specific terms and restrictions of the court order, as well as the underlying reasons for the order in the first place.
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It is important to note that a violation of a restraining order can result in contempt of court, and the police may arrest you depending on the type and nature of the breach. As a criminal defence lawyer in this field, Joe Rawlings can offer legal guidance and representation to help defend you against any charges of breaching a court order and to minimise the legal consequences of the alleged offence.
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Is there any defence for breaching a restraining order?
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As an experienced lawyer in this area of law, Joe is fully equipped to explore and employ defences that can help you contest matters and hopefully secure an acquittal to the charge.
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In circumstances where there has been a breach of the order it is essential to demonstrate a reasonable excuse for the infringement. For instance, if you were unaware that you were in the same location as the person who requested the order against you, a court may examine the circumstances and may or may not agree that the breach occurred unintentionally. Additionally, it may help if you can demonstrate that you are following instructions, working with a mediator, or closely adhering to the demands of the court order. Such evidence could support your case and potentially mitigate the consequences of any perceived violation.
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I think that I may have breached my restraining order- what should I do?
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Contact Joe Rawlings immediately and he will advise you on the next appropriate steps.
He will advise you on the appropriate evidence to gather to demonstrate that you had a reasonable excuse for what happened.
Particularly in cases of this nature it is imperative that you don’t discuss the circumstances with the police or court officials without having legal representation to avoid you innocently saying something that may harm your defence.
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To mount the best defence or to mitigate the consequences it is imperative you have experienced and expert legal advice as early in the investigation or the proceedings as possible.
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Call Joe Rawlings to request a free initial consultation to all new clients.