Reviewed on: January 19,2019
Sentencing Questions

How long will someone be detained for violating a restraining order?

My boyfriend was arrested yesterday for violating a restraining order someone had on him, he is an adult and currently detained and his family will not post his bail. I was wondering how much jail time he's going to spend and if he'll have to pay any fines.

He will probably have to sit there for a week or so until a magistrate judge sees him.
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Answered by a former federal inmate · 14+ years advising families
✓ Verified answer January 17,2019 · Sentencing Questions
1

He will probably have to sit there for a week or so until a magistrate judge sees him. The judge will want to know why he's violating a court order. If the judge believes his answer, he will probably be released shortly. If your boyfriend is defiant and unrepentant, he could sit there for months... for contempt of court. The judge must protect the rights of the person that your boyfriend is bothering. There is no actual sentence time. Just as long as the judge thinks he needs to be there - and that he's assured that the person he's restrained from is safe.

Accepted Answer Date Created: January 17,2019
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About this answer: This response was prepared by InmateAid’s editorial team in consultation with former inmates who have direct experience with the federal correctional system. InmateAid has served families of the incarcerated since 2012. This is general information only — not legal advice. Last reviewed January 2019.