People in volatile relationships may request restraining orders from the courts. Also known as protective orders, restraining orders limit the interactions between people and reduce opportunities for misconduct.
People accused of domestic violence or other criminal activity could find themselves subject to a restraining order sought by someone they know. Restraining orders may force one person to change where they live and alter their socialization habits. They may need to avoid events and locations where the other person is present and even avoid making contact with them online.
The goal is to prevent stalking, abuse and other misconduct. In some cases, the party that requested the restraining order may grow to miss the other party subject to the order while they cannot communicate with or see one another. If they call the other party or visit them in person, does that terminate the restraining order?
Violations do not invalidate the order
A phone call, email or in-person visit initiated by the party who sought the order does not automatically constitute an actionable violation of the order. If the courts continue to enforce a restraining order when the party who sought it caused a violation of the order, that might be unfair to the other party.
However, one interaction does not invalidate the court order. The person subject to the order must still abide by the restrictions it imposes, typically by ending interactions promptly and avoiding any scenarios in which they initiate contact.
It is possible to terminate the restraining order through mutual cooperation in some cases. However, the party subject to the order generally needs to continue following the restrictions imposed in the restraining order to avoid accusations of violating it until the courts end it. Otherwise, they could be at risk of the other party or the state taking steps to enforce the order.
Responding appropriately to a pending restraining order request or allegations of violating a protective order can help people preserve their freedom and their reputations. People who are subject to restraining orders generally need to abide by limitations on their social interactions to avoid allegations of misconduct.
