BREACH OF RESTRAINING ORDER LAWYER
When a man is accused of gender-based violence, it is common that a restraining order is taken out against him so he cannot come close nor communicate with the victim. Said restraining order can also be ordered by the court as an ancillary measure or injunction.
If the man who has a restraining order against him approaches the victim or communicates with her, he is committing another crime, which has nothing to do with the gender-based violence offence for which he is being investigated or has been found guilty of. It is also important to factor in that it doesn’t matter whether the exchange was amicable or even pleasant, the crime is being committing merely by establishing said communication.
Violation of a restraining order can lead to prison sentences, regardless of whether the man is finally acquitted of the gender-based violence offence he was accused of.
WHAT TO DO IF…
If we have been served with a restraining order, it is essential that we adhere to the terms closely and carefully, as arguing against any violation of the order is very difficult since it is usually easy to obtain evidence of the fact.
If you have come to close to the victim, she will usually have called the police and the police will have found you within the specified distance. The police statement will be definitive proof of a breach. If you have called or sent a message, the call register or messages on the phone can be used as proof.
However, if you have not been accused of breaching a restraining order there are defence strategies that can be employed. Although it is a tough situation, not all is lost.
EXAMPLES OF CASES WHERE RESTRAINING ORDERS ARE BREACHED
The court granted my wife a restraining order against me, and although I couldn’t talk to her I wrote to her to ask how my son was doing. I did not insult nor threaten her, all I wanted was to know if my son was OK. Now I’m being accused of breaching my restraining order.
My wife turns up at places where she knows I like to go because she knows I have a restraining order and I have to run off to avoid further problems. Last week she accused me, even though I was at the place before her.
I drive to work, and the fastest route is one that passes by her house on the way. The other day she saw me and called the police, even though I did not stop or did anything of the like, I simply drove by. She is now accusing me of breaching my restraining order.