Domestic Violence Restraining Orders

When the abuser does something that the court has ordered him/her not to do, or fails to do something the court has ordered him/her to do, s/he may have violated the order. In most states, the victim can ask the police or the court, or both, depending on the violation, to enforce the order.

When a victim contacts the police to report a restraining order violation, usually, the police will listen to the victim and look at any evidence s/he has. If they feel the order has been violated, the police may arrest the abuser or they could take other action. The police can generally enforce the stay away, no contact, cease abuse, exclusive use, and possibly custody provisions - those that need immediate response. If you are unable to call them when the violation occurs, they should take a report if you call them soon afterwards. In some cases, it might result in a misdemeanor or felony criminal conviction and punishment. In states that allow it, these types of violations can also later be addressed by the civil court, and it is often a good idea to bring them to the court’s attention.

Other violations are not easily enforced by the police, such as failure to pay support or attend treatment programs - those are better enforced by the court. If you file a “motion for contempt” in the court that issued the order, explaining how the abuser violated the order, the court will hold a hearing to determine if the facts prove that the abuser violated the order. In some places, the petition may need to be filed by the prosecutor. If the court finds a violation did occur, the judge will determine a penalty. Depending upon the laws of your jurisdiction and the nature of the violation, the penalty might be a finding of contempt, which could result in a fine, jail time or both. The violation might also be a reason for the order to be extended or modified in some way.