Restraining Orders

NOTE TO STUDENT: THIS ADDRESSES VIOLATIONS OF BOTH CIVIL AND CRIMINAL RO’S - IF YOU KNOW FOR SURE WHICH ONE THE PERSON HAS, YOU CAN DELETE THE PARAGRAPHS THAT ONLY TALK ABOUT CRIMINAL RO

Generally, a person can be arrested/ prosecuted for violating a civil or criminal restraining order– both for the crime s/he committed when violating the order (threats, stalking, etc.), and for criminal contempt of court for disobeying the court order. It may be possible that the state charges the person for both the crime and contempt, or perhaps for only one or the other.

If the abuser violated a civil restraining order, the victim can choose to:

• call the police and report the violation (and any other crimes the abuser may have committed);
• return to court to file for “contempt;” or
• do both of the above.

When a person files for contempt, they are asking that the court take steps to try to force the abuser to follow the order and/or punish them for the violation. In many states, a civil judge can extend a protection order based on a violation, or even sentence someone to jail for violating a civil order.

Generally, a person may file on their own or with a lawyer. If a person files on their own, they may go to the court clerk (that’s the courthouse official in charge of records) and ask for the forms needed to fill out to file for contempt. Usually, to file for contempt, a person may go to the courthouse that gave the original order. You may want to consult with an attorney to see how to go about filing for contempt, and what the possible outcomes may be. You can find free and paid lawyers in STATE on our website. [HYPERLINK]

If the other party violated a criminal restraining order, generally, the only way to enforce the order is by calling the police. In general, a victim of crime usually may not be able to go to court by themselves to file for contempt, because a victim of crime is not technically a “party” to the case, but rather a witness. If you have a criminal order and do not want to call the police, perhaps the district attorney who prosecuted the original case may be able to give you information on how to proceed.

Also, please be aware that if an abuser is found in contempt or is convicted of committing another crimes, sentencing for those crimes can be very complicated and the actual sentence may be determined by many different factors. For example, if the abuser decides to plead guilty and make a deal, they may not face the maximum amount of jail time or any jail time at all. They might get probation, community service, a treatment program, etc. If the abuser has committed other crimes in the past, they may be sentenced to more time in jail; or their past criminal record may not even affect their sentence at all. Unfortunately, I can’t say how this would be handled.

Also, assuming an abuser pleads guilty or is convicted of multiple crimes, there could be the possibility that the judge may have the abuser serve each sentence for each crime concurrently (at the same time) or consecutively (one after the other). You may want to contact the prosecutor in charge of the case (or have an attorney do so on your behalf) to discuss how long the abuser will most likely spend in jail (if they get jail time).

For more assistance, you can find lawyers and domestic violence advocates in your area on our website. [HYPERLINK]