Legal Question in Criminal Law in South Carolina

Violation of a restraining order

Can one be arrested and / or prosecuted for violation of a restrainng order, when the defendants spouse called the place of the plantiffs employment and spoke to the presiding medical Dr. about an issue non-related to the restraining order, and additionaly, the spouse defendant did't even know of it until later?


Asked on 6/17/07, 8:20 pm

2 Answers from Attorneys
Elizabeth Hyatt E.H. Robinson Law, LLC

Re: Violation of a restraining order

I would have to know more about your specific restraining order, but in general, a restraining order would be against the DEFENDANT, not against the defendant's spouse, so I wouldn't think that a spouse could implicate the actual subject of the restraining order. I would also argue that there couldn't be any criminal intent if there was not even any knowledge of the phone call. Feel free to call if you have further questions.

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Answered on 6/17/07, 9:15 pm
Elizabeth Hyatt E.H. Robinson Law, LLC

Re: Violation of a restraining order

Also, is this a restraining order or an order of protection? If it's a restraining order, it's most likely a civil charge, not a criminal one. If anything, you should receive an order to appear in family court to answer the judge aboutwhat happened, not hauled off to jail.

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Answered on 6/17/07, 9:35 pm


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