Restraining Orders

Violating a temporary restraining order or permanent restraining order can be against the law.¹ There are two ways to get help if the abuser violates the restraining order.

1. Through the police or sheriff: If the defendant violates the restraining order, you can call 911 immediately. In some cases, the defendant can be arrested right away. Tell the officers you have a restraining order, and the defendant is violating it. If the defendant is arrested, then the district attorney’s office can prosecute the abuser because it can be a crime to violate a restraining order.

2. Through the civil court system: You may also file for civil contempt when the abuser violates the order. The abuser can be in civil contempt and punished by the judge in some way if s/he does anything that your restraining order prohibits him/her from doing. To file for civil contempt, go to the clerk’s office and ask for the forms to file for contempt of court for violation of a restraining order.

For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page.

¹ VI ST T. 16 § 97(e)