Can Someone Violate a Restraining Order While in Jail?

A restraining order might seem like overkill when filed against someone who is already incarcerated. After all, the individual in question cannot come into physical contact with you while they are behind bars. That being said, they may still find ways to contact you during their incarceration. If you are being harassed by someone who is incarcerated, you have every right to consider your legal options alongside an experienced family law attorney in Atlanta.

Man Violates Protective Order 193 Times While Behind Bars 

In October of 2024, it was reported that a man with a criminal history in Georgia had been accused of violating a protective order 193 times. These violations allegedly occurred while the man was behind bars, and he is accused of calling a woman over 1,000 times using phones at the jail. Not only that, but he threatened the woman repeatedly. This man has a history of domestic violence charges in three states, including Georgia.

This example demonstrates that it is indeed possible to violate a restraining order while behind bars. If your abuser tries to call you or text you while incarcerated, this counts as a violation. They may face serious criminal consequences for violating their restraining order, and you should inform both the authorities and your lawyers that this harassment is continuing.

Can I Get a Restraining Order Against Someone in Prison? 

If you have not yet obtained a restraining order against your abuser, you may do so – even if they are behind bars. Although it might seem impossible for the individual to contact you while behind bars, recent reports show that this situation is actually quite common. People who are incarcerated may feel that they have nothing to lose, and they may be prone to desperate acts. They may threaten you or send you disturbing texts, and it might be worth obtaining a restraining order to discourage this behavior.

In addition, a restraining order can help you set up safeguards before your abuser is released into the general population. If you seek a restraining order while your abuser is incarcerated, there will be no window of opportunity for them to contact you once they are released. Remember, you can always renew or extend your restraining orders if you’re concerned about them expiring before your abuser is released from prison.

Can an Atlanta Family Law Attorney Help With Restraining Orders? 

An Atlanta family law attorney may be able to help you pursue a restraining order. Even if your abuser is behind bars, you still have every right to consider your legal options. A restraining order could prevent or discourage them from continuing to contact you in the future, and it might be well worth the effort. To discuss your legal options in more detail, consider calling Kaye, Lembeck, Hitt & French at your earliest convenience.

Sources:

 kalb.com/2024/10/22/natchitoches-man-charged-with-193-counts-violating-protective-custody-while-incarcerated/

georgia.gov/get-protective-order