What can I do if the abuser violates the order?
If the abuser violates the protection order, you can report it to the police. Depending on the facts, the police may decide to arrest the abuser.
The first time someone violates a domestic violence protection order, it could be contempt of court and a Class A misdemeanor, which carries a punishment of jail time of up to 1 year, a fine of up to $3,000, or both.1 If the same person commits another violation of the domestic violence protection order, it could be a Class C felony that can be punished by jail time of up to 5 years, a fine of up to $10,000, or both.2 In addition, if the abuser is arrested for violating the protection order (or any crime involving domestic violence), the judge may order that electronic home detention or GPS monitoring be used for the abuser as a condition of release.3
If you do call the police and they respond to an incident, it is a good idea to write down the name of the responding officer(s) and their badge number(s) in case you want to follow up on your case. Also, make sure a police report is filled out, even if no arrest is made. If you have legal documentation of all violations of the order, it may help you have the order extended or modified.
For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page.
1 N.D. Code §§ 14-07.1-06; 12.1-32-01(5)
2 N.D. Code §§ 14-07.1-06; 12.1-32-01(4)
3 N.D. Code § 14-07.1-19