A question for the lawyer-like people

90 Gnome Monk
5995
What exactly is the possible charge for someone breaking a restraining order against them?
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90 Human Paladin
10120
At most, a five-thousand dollar fine and up to a year of jail time.
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90 Gnome Priest
13865
I hope whoever this jerkface is gets some major jailtime.
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90 Human Paladin
10120
10/03/2012 09:40 PMPosted by Jendie
I hope whoever this jerkface is gets some major jailtime.
Depending on what they did while breaking it.

If it was assault, combined with the restraining order, I'd imagine the penalty would be much harsher.
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Also depends on where you are.
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Yeah, biggest question is, what jurisdiction, and what forms of restraining order are available in that jurisdiction (and of course, which is in play?)

My knowledge is limited to Australia, but I'm happy to look into the relevant state law for you.
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85 Night Elf Mage
3245
A question like this is kind of impossible to answer without knowing your physical location, since every province/state/country has their own laws with their own penalties for breaking them.
Even a country would enable the answers to be narrowed down at least a bit, but without that, any answer you get has just as much chance of being correct as any other.
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85 Dwarf Warlock
10690
As I recall your other thread and being a fellow Australian who was in a similar situation I can say it varies from State to State.

QLD
A breach can be punished by a fine or imprisonment. However the punishment is decided by a Court and it may not impose these sorts of penalties if it does not think the breach was a serious offence in itself.

http://www.ncsmc.org.au/wsas/legal_system/avo_qld.htm

NSW
If the violent person disobeys the order, the police can arrest him immediately and charge him with breaching the order.

http://www.ncsmc.org.au/wsas/legal_system/avo_nsw.htm

VIC
If the defendant breaks any of the conditions of the Intervention Order (temporary or final), they can be charged by the police with a criminal offence. The police can arrest the defendant. If found guilty the defendant can be fined up to $24,000 or imprisoned for up to two years.

http://www.ncsmc.org.au/wsas/legal_system/avo_vic.htm

ACT
The order is a civil order but breach of an order may be a criminal offence. Contact the police if there is breach of this order.

http://www.ncsmc.org.au/wsas/legal_system/avo_act.htm

WA
The order is a civil order but breach of an order may be a criminal offence. Contact the police if there is breach of this order. They can take action against a person who breaches a restraining order.

http://www.ncsmc.org.au/wsas/legal_system/avo_wa.htm

SA
The order is a civil order but breach of an order may be a criminal offence. Contact the police if there is breach of this order.

http://www.ncsmc.org.au/wsas/legal_system/avo_sa.htm

TAS
The order is a civil order but breach of an order may be a criminal offence. Contact the police if there is breach of this order.

http://www.ncsmc.org.au/wsas/legal_system/avo_tas.htm

NT
The order is a civil order but breach of an order may be a criminal offence. Contact the police if there is breach of this order.

http://www.ncsmc.org.au/wsas/legal_system/avo_nt.htm

--

Effectively? Contact the police. This is highest priority.

If not Australia? Then seek out your states rulings after calling the police.

Edit: This site lists exact penalties and is current.

www.alrc.gov.au/publications/%2012.%20Breach%20of%20Protection%20Orders/penalties-and-sentencing-breach-protection-orders

Disclaimer: I am not a lawyer.
Edited by Elsebeth on 10/3/2012 11:45 PM PDT
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90 Night Elf Warrior
0
Article 92, failure to obey an order or regulation.

Oh, civilian. Nevermind.
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