4 Ways You Could Violate a Domestic Violence Restraining Order

Facing domestic violence charges can come with a lot of legal repercussions. While you focus on your case and want to have the best defense possible, you also do not want to make things worse for yourself. In many cases, a domestic violence charge will come with a restraining order.

In the state of Wisconsin, the restraining order will typically start as a Temporary Restraining Order and then can expand to a longer period of time that covers multiple years. As you prepare for your case and various court dates, you do not want a restraining order violation to complicate matters.

Learn some of the ways you could violate a restraining order besides direct contact. Knowing these violations can help you avoid extra legal trouble and allow a defense lawyer to focus on the case at hand rather than new charges associated with your file.

1. Returning to Your Residence Too Soon

If you owned the property where you and your partner lived, then you still have rights to the property, but you must give your partner enough time to relocate and find another place to stay. If you return to the property too soon, then you could violate your order. This violation typically applies to unmarried couples.

If married, then the spouse may have rights to stay in the home. A judge will rule based on a case-by-case basis. A lawyer can explain the judge's ruling. If a person is granted time to leave the property and relocate, then you will find out how long the process takes. If the person remains on the property for longer, do not go back there anyway.

Discuss the situation with your lawyer so you can go back to your home. If you take matters into your own hands, then you could find yourself in violation and may face extended jail time due to the process.

2. Maintaining Possession of Firearms

Even if guns were not involved in a domestic violence dispute, the approval of a restraining order will automatically constitute the repossession of firearms. Once the domestic abuse injunction gets approved, you will have to surrender the firearms. The firearms could go to a Sheriff's office or someone approved by the court system.

For example, you could have a close family member that the court allows you to surrender your firearms to. If you maintain possession of firearms, then you could be found in violation of the restraining order. One report of the firearms could create the violation and put you at risk for jail time.

Go through your complete gun collection if you own any and remove those guns. Even if you accidentally forget to surrender a gun, you could be found in violation. Taking the extra steps to complete the process will help you in the long run.

3. Interfering With a Pet

Due to cases in the past, Wisconsin laws have a lot of strict provisions about pet ownership in relation to domestic abuse restraining orders. If your partner had a pet, then you cannot interfere in any way with the retrieval of their pet. You cannot keep the pet, hide the pet, or sell the animal.

Your former partner may put in a legal request to retrieve the pet, and you should allot them plenty of time to get the pet off the premises. Even if you feel like the pet is co-owned or you have interest in the pet, allow the person to retrieve the pet so you do not face any violations.

As you go through your case, your lawyer can help you fight for pet ownership so you can seek out the return of a pet if you wish. The process may take longer, but it will be worth the wait and help prevent any major legal issues.

4. Communicating Online

When you have a restraining order against you, the contact you make does not include just physical and in-person contact. Not only should you stay away from the person's residence or place of employment, but you should avoid any online communication as well.

Avoid even the slightest of social media contact, including comment posts, liking comments, or sending private messages. If you need to communicate with the other person, then make contact with your lawyer. Your lawyer will reach out to their lawyer to convey messages.

The messages can still arrive quickly and convey anything you need to say without being in violation. You do not want to look for loopholes or ways to still make contact. Do not let the emotions get the best of you during a tough situation.

For more information on domestic amuse defense lawyers, contact us at Cohen Law Offices. We have years of experience dealing with Wisconsin law and can help guide you through a domestic abuse case. We will help prevent any additional charges and guide you through the process from start to finish.