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How to Report a Violated Restraining Order

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By eHow Contributing Writer
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A restraining order, which is a court order designed to restrict individuals from certain activities, can only work if both parties comply with all legal conditions. Restraining orders are designed to protect, but are useless if they are not consistently enforced and if violations are not quickly reported.

Difficulty: Easy
Instructions

Things You'll Need:

  • Lawyer or advocate
  • Copy of restraining order
  1. Step 1

    Keep the restraining order in a safe place nearby, or on your person, at all times. If the restraining order is violated while you are out in public, it may be necessary to produce the document to law enforcement officials when asked in order to ensure a quick arrest and to avoid any harm to you or your loved ones.

  2. Step 2

    Consult with local law enforcement to find out their policy on restraining orders and how to report violations. In many jurisdictions, law enforcement may be reluctant to act unless they have been in direct contact with the court, and have received explicit instructions on how to handle a violated restraining order. For this reason, you may need to consult with various law enforcement officials to ensure your safety.

  3. Step 3

    Report a violated restraining order immediately, even if it is a relatively minor infraction. The conditions of the restraining order have been put in place for your safety and by allowing any leeway with the rules, you risk having the order violated even further. In addition, if the restraining order you filed is still a temporary one, it may be more difficult to change it to a permanent one if you do not seem serious about compliance.

  4. Step 4

    Know the appropriate contacts if your restraining order has been violated, and keep this list with you at all times. In most cases, you will need to call law enforcement immediately, but you should also follow up with a call to your attorney. Your attorney will then notify the court and various charges, such as contempt of court, may be filed.

  5. Step 5

    Read the restraining order thoroughly, and know all of the conditions which may constitute a violation. Be sure that the restraining order has actually been violated before you report the incident to law enforcement officials. If there is anything you do not understand about your restraining order, ask your lawyer or advocate for proper clarification.

Tips & Warnings
  • If you cannot afford the services of an attorney to help you with the filing of a restraining order, a court may assign a legal advocate who can help you with the court order at no cost to you.
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