What Happens If You Violate a Domestic Violence Order for Protection?

Violation of a court order, including an order of protection, has consequences. This is true for criminal and civil protection orders. The penalties for violating a protective order depend on the language of the order and the nature of the violation.

If the court has issued a domestic violence protection order against you, it's important to understand the terms of that order. For example, does it require that you get help or take anger management classes? If so, you must comply with the judge’s order or face a penalty.

If the judge has ordered that you refrain from contacting the protected party, you must not attempt to communicate with them. You cannot call them, email them, or send them text messages. If you engage in any of these behaviors, the victim can ask the judge to hold you in contempt of court.

In this article, we’ll explain:

• The difference between a civil protection order and a criminal protection order
• The consequences of violating a protection order
• What to do if you’re the protected party and the other person violates the protection or restraining order

What Is the Difference Between a Protection Order and a Restraining Order?

The type of order an alleged victim of domestic violence receives depends on your situation. A civil order of protection typically results from a hostile divorce or custody battle. It is often temporary and only lasts until the court proceedings are over.

Criminal orders of protection arise from a criminal act, such as stalking or assault. While the parties usually agree to the terms of a restraining order, the criminal courts can issue an order of protection without notifying the other party. This is called an ex parte order. When the judge issues it, the other party will receive a copy of the order in the mail.

What Restrictions Does a No Contact Order Include?

In civil cases, the order of protection may be less restrictive than in a criminal case. For example, the parties may agree not to contact each other at work or school. Of course, the order may include other restrictions, such as the parties living separately or requiring one party to notify the other before they visit the residence.

With a criminal order of protection, the restrictions are much broader. Usually, with this type of order, the judge will include language that:

• Instructs the respondent that they may not be within a certain number of feet from the protected party.
• Prohibits one party from contacting the other by mail, email, text, social media, and other vehicles of communication.

The language of the court order will specify the prohibited behaviors. If the party subject to the order fails to comply, the court will take action against them.

If the order arose from felony charges, such as stalking or attempting kidnapping, the terms would be even more prohibitive.

Can You Challenge an Order of Protection?

If you receive notice that the court has issued an order of protection against you, there are things you can do. Every state has different rules for how to go about this.

Generally, if you receive notice of a court hearing, you can attend the hearing and submit proof that the protection order is not warranted. You can also submit evidence that you did not do the things the protected party is accusing you of.

If the order is already in place, you can file a motion with the court to change or cancel the order. Just keep in mind that the court will presume that the protected party's claims are true. Otherwise, the judge wouldn't have issued the order in the first place.

Since every state has unique laws on challenging an order of protection, contact a local attorney for help. You can also visit your court's website for instructions on how to challenge a protective order.

Penalties for Violating a Domestic Violence Order of Protection

The specific penalties for violating a protective order depend on the type of order and the nature of the violation. For example, in a stalking case, a violation may result in jail time and fines, while the penalties may be different in a domestic violence case.

Some of the more common penalties for violating a protection order include:

• Criminal charges, including a Class 1 misdemeanor/Class A misdemeanor
• Potential jail time
• Fines
• Contempt of court

The penalties for a first offense violation will be less severe than for subsequent violations. The penalties may also be worse if minor children are involved.

What Can a Protected Party Can Do if the Other Party Violates a Protective Order?

If you have an order of protection against someone and they violate the order, you have options. If they technically violated the order but did not harm or threaten to harm you, then you can simply document the behavior for future reference.

If the other party hurts you or threatens you, the first thing you should do is call law enforcement. Not only will they come out and remove the other party from your premises, but they will also formally document the event.

The police will arrest the other party and, depending on the laws in your state, charge them with a misdemeanor. The court will then hold a hearing to determine what action, if any, is necessary.

Depending on the terms of the court order and the nature of the other party's violation, the judge may do any of the following:

• Hold the violator in contempt of court
• Impose a jail sentence
• Issue a more restrictive order of protection

You may want to retain a family law attorney to attend this hearing with you. It's crucial that you take all measures to protect yourself and, if applicable, your minor children.

A Local Criminal Defense Lawyer Can Help

If you are the subject of a protection or restraining order and facing criminal charges for violating that order, contact a criminal defense attorney right away. Even if the order is a civil protection order, you should have an attorney. They can help you protect your rights and achieve a better outcome.