Start with the evidence, not the charge label
A restraining-order violation case can turn on the exact terms of the order, notice, what contact is alleged and whether the accused knowingly engaged in prohibited conduct. Electronic communications and third-party contact often require careful context.
Issues to examine
- The actual order and its specific terms
- Proof of notice or knowledge of the restriction
- Calls, texts, email, social media and location evidence
- Accidental, incidental or disputed contact
- Third-party messages and attribution
- Overlapping bond or no-contact conditions
Defense strategy depends on the record
A useful defense review compares the complaint or investigative theory with the actual evidence. That can include police reports, recordings, digital information, witness accounts, physical evidence, prior records and the legal basis for police action. The strategy may involve investigation, motions, negotiation, trial preparation, sentencing advocacy or preserving issues for appeal.
Madison-based criminal defense since 1993
Robert T. Ruth represents clients from a downtown Madison office in Wisconsin state and federal criminal matters. The first consultation is an opportunity to identify the stage of the case, immediate deadlines and the evidence that should be reviewed or preserved.
Common questions
Does every contact violate a restraining order?
The answer depends on the terms of the specific order and what actually occurred. The order itself should be compared with the alleged conduct.
What if the protected person initiated contact?
That fact may be important, but it does not automatically change the terms of a court order. The actual order and circumstances should be reviewed.
Can social media create a violation allegation?
Electronic communication or online conduct can be relevant depending on the order and facts. Attribution and intent may also matter.
Related information
This page provides general information and is not legal advice. The law, defenses and possible consequences depend on the facts and current law.