Criminal Defence: Restraining Order Breach and Disobedience (Art. 239)
If you have been served with a restraining order or a no-contact order, your priority is to avoid any breach (messages, chance encounters, social media, third-party contact) that could lead to a criminal charge for Disobedience (Art. 239 PC). We advise you on how to act carefully, seek modification, adaptation or lifting of the order, and respond quickly if there is a risk of detention.
Immediate checklist (do this now)
- Do not make contact or reply: no messages, no calls, no social media (even if the other party contacts you first).
- Read the order carefully: exact distance, prohibited locations, duration, and whether it includes a prohibition on indirect contact.
- Request a judicial adaptation: issues involving work, study or children must be resolved in writing through the case file. No "WhatsApp agreements".
If there is an emergency at a police station or an ongoing detention: go directly to 24-hour Bail & Release.
Does a restraining order leave a criminal record?
A restraining order is not a criminal conviction. It is a precautionary measure (common in domestic violence and gender-violence proceedings). The risk arises if it is breached: a single approach, message or indirect contact can lead to a charge of Disobedience (Art. 239 PC), which is a criminal offence and can result in restrictive measures.
What to do as soon as you are served
- Comply fully from minute one. Do not try to "sort things out" in person.
- Identify the full scope: exact distance, specific addresses and locations, and whether indirect contact by any means is prohibited.
- Prevent chance encounters: adjust your routines (work, school, gym). If strict compliance becomes impossible, apply for a judicial adaptation.
- Keep everything: the notification, the order, screenshots (without interacting), and any relevant records.
Risks and prevention
Disobedience (Art. 239 PC)
Even a "brief message" can trigger a criminal charge. We define a safe course of conduct and build a strategy to prevent the situation from escalating.
Ambiguous orders
If the order is unclear (addresses, locations, distances), we apply for a clarification. If it affects work, study or child contact arrangements, we seek an adaptation to make it workable.
Costly mistakes
- "They messaged me first, so I can reply."
- "I only told them I wouldn't bother them again."
- "I asked to see the children over WhatsApp."
If you believe the allegation is false or taken out of context, see: Guide: false or exaggerated gender violence allegations.
What usually counts as a breach
Not just physical proximity. Many Disobedience (Art. 239 PC) charges arise from conduct people underestimate:
- Messages, voice notes, calls or emails (even "just to sort things out").
- Social media: commenting, reacting, tagging or any interaction that amounts to contact.
- Indirect contact: passing messages through third parties, family members or friends.
- Visiting prohibited locations when the order specifies an address, workplace or particular perimeter.
What if the other party contacts me?
Do not reply.
Even if the other person initiates contact, your reply can be used to support a breach allegation. Safe conduct: do not respond, take a screenshot and send everything to your lawyer to assess how best to present it in the case file (clarification, adaptation, report of the contact, etc.).
Avoid informal arrangements. What protects you is what is formally ordered and documented in the case file.
How to modify, adapt or lift the order
This cannot be resolved informally — it must be processed through the case file. Depending on the circumstances, we apply for a revocation, appeal or operational adaptation:
- Reduction of the distance or precise definition of prohibited locations.
- Exceptions for work or study (with clear rules).
- No-contact order with adjustments for essential administrative matters.
- Full lifting if the measure is no longer necessary or proportionate, or in response to changed circumstances (always through the case file).
Restraining order and children
If the order conflicts with an existing child contact arrangement, the safe path is to seek a formal judicial adaptation: third-party handovers, fixed neutral locations, agreed hours and judicially approved arrangements.
Useful evidence (without breaching the order)
The relevant evidence depends on the case, but the following is typically helpful:
- Full text of the order plus proof of service (date and time).
- Screenshots of any contact attempts received (without replying).
- Work or study records (to support an application for an operational adaptation).
- Documented history of any relevant incidents (if applicable) and relevant witnesses.
- Any evidence of genuine ambiguity or practical impossibility of compliance (to support a clarification or adaptation request).
Important: never "create" evidence by making contact or approaching. That will prejudice your position.
Is there a risk of detention for disobedience?
If there has been an incident, a report of non-compliance or a strict interpretation of the order, there may be a risk of arrest. We act quickly to arrange a voluntary appearance before the court, build a defence strategy and, where applicable, file a pretrial release motion.
REQUEST URGENT DEFENCECase law and real-world criteria
We analyse judicial criteria on Disobedience (Art. 239), service and notification, the subjective element and nullities. See how similar cases have been decided.
VIEW RELEVANT RULINGSFrequently asked questions
Need to modify or lift the order, or avoid a criminal charge?
How you act at the outset determines everything: an early mistake tends to escalate under Art. 239. Let us act with precision and speed.
