What Happens If You Violate a Restraining Order in Georgia?
Domestic violence, which is abuse that occurs between family members or unmarried partners, is a crime that law enforcement takes seriously. One of the ways that the law works to protects victims who have been threatened or physically harmed is by issuing a protective order, also known as a restraining order, against the abuser. This order can require the alleged abuser to stay away from or have any contact with with the victim and any children or other family members in the home, leave the home, or pay for alternate accommodations if the victim leaves the home. If you violate a restraining order in the state of Georgia, you could face serious legal repercussions, including a jail sentence. That’s why it’s important to understand and adhere to the specific provisions of a protective order to avoid being arrested, charged with a felony and put in jail without bond.
Jail time is the principal penalty for violating a restraining order in Georgia. If a person violates a temporary protective order or condition of a bond, they could face from a one- to 10-year jail sentence plus a fine of up to $10,000.
If you violate a protective order, the person who requested the order can contact the court, and a judge can issue an arrest warrant for you. These kinds of charges can be a challenge to defend against because it can be difficult to prove you were not present — and therefore not in violation — when a victim claims you were. One of the best ways to avoid false claims of violating a restraining order is to maintain logs that keep track of your locations and activities throughout the day.
If a judge determines that you violated a restraining order in Georgia, you will be sent to jail on an aggravated stalking charge, without a bond. The time spent in jail could be several weeks or until you are granted bond.
Committing other crimes with a restraining order in place
If an individual with a restraining order commits another crime and faces additional charges, the penalties will increase. For instance, if the party who issued the order was injured at the time of the incident, or there was proof of physical injury, this would contribute an aggravating factor to the violation of the order and could result in additional repercussions.
If you have been accused of violating a restraining order in Georgia, you should contact a dependable criminal defense attorney. James D. Michael, P.C. provides reliable representation and strong advocacy for defendants accused of domestic violence. For a free consultation, call 404-857-4059 or contact us online today.