What Happens If You Violate an Order of Protection?

Basics

A restraining order is designed to protect the person who takes it out against harm or threats of harm. Many protective orders are instilled because of domestic violence situations, where a spouse or romantic partner is abusing the other person in the relationship. Protective orders can be due to threats or actual violence, and usually last for a period of 2 years.

Consequences

Violating a protective order has criminal and financial consequences, depending on the severity of the situation. However, to effectively prosecute these cases, it's necessary to make regular police reports each time the protective order is violated. A violation can be anything from trying to contact the protected person through a family member to showing up at the person's home or work. In most states, violating a restraining order is a misdemeanor crime punishable by up to a year in jail and/or a fine of up to $5,000.

If someone commits a crime while violating a restraining order, he will likely be charged with additional crimes. For example, if someone assaults his ex-girlfriend while under a protective order, he will likely face misdemeanor or even felony battery charges.

Tips

It's important to keep multiple copies of a restraining order and to always carry a copy when going out. In addition, don't hesitate to call law enforcement right away if the person you seek protection from tries to reach you directly or indirectly, such as through a relative or friend. These situations can only be prosecuted if all facts are reported on a regular basis as they happen. A restraining order can't guarantee a person will stay away, but it can make it punishable by the legal system if he fails to do so.