What happens if an abuser violates a restraining order?

If an abuser violates a restraining order in Delaware, criminal charges could be filed against them. Depending on the specifics of the violation, these charges can range from misdemeanors to felonies. If the violation is considered a misdemeanor, it is punishable by up to one year in jail and/or a fine of up to $2,300. Violations that involve certain kinds of weapons or the use of violence could be considered felonies, which are punishable by up to four years in prison and/or a fine up to $14,500. In addition to criminal charges, a violation of a restraining order can also result in an additional civil restraining order that is issued against the abuser. This new order, commonly referred to as an ex parte order, is put in place to protect the victims of abuse and is effective until a hearing is held, usually within fifteen days. This hearing is then used to decide whether the existing restraining order should be modified or extended. Those who violate a restraining order can also face the loss of parental rights, the loss of their ability to purchase or possess a weapon, and even deportation, depending on their immigration status. As such, it is important that violators of a restraining order in Delaware are aware of the possible consequences of their actions.

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What happens if an abuser violates a restraining order?

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