What Happens If a Restraining Order Is Violated?

A protective order only works if violations are taken seriously. Here is what to do if the restrained person ignores it.

In an emergency

Call 911. Tell the dispatcher you have a protective order. Keep a copy of the order with you, and know that police can usually verify it in a statewide database.

Report every violation

Even minor violations, such as a text message, a social media message, a gift or a drive-by, are violations if the order prohibits contact. Report them to the police department where they happened and ask for a report number.

Document

• Screenshots with dates and times, including the sender's account information
• Call logs and voicemails
• Photos or video of the person near your home, work or car
• Names of witnesses
• A running log of each incident

What happens to the violator

• Arrest and criminal charges. Violating a protective order is a crime in every state; repeated or violent violations are often felonies.
• Contempt of court (Cornell LII).
• Federal charges if the person crossed state lines to violate the order (18 U.S.C. 2262).

See what happens if you violate a protective order.

Asking the court for more protection

You can ask the court that issued the order to:

• Extend the order's duration
• Add terms, such as greater distance, firearm surrender, or protection for more people
• Hold the violator in contempt

If you moved

Protection orders are enforceable in every state, territory and tribal jurisdiction (18 U.S.C. 2265). Some states let you register your order locally, which can make enforcement easier, but registration is not required.

When you want contact again

Only the court can change the order. Contacting the restrained person yourself does not cancel the order, and it can confuse enforcement. If circumstances change, ask the court to modify or dismiss it.

Safety planning

Advocates at the National Domestic Violence Hotline can help with safety plans, shelters and court accompaniment. A family lawyer or legal aid office can help with contempt motions and extensions. See also how to get a restraining order.

Sources

1. Cornell Law School LII: 18 U.S.C. 2262, Interstate violation of protection order
2. Cornell Law School LII: 18 U.S.C. 2265, Full faith and credit given to protection orders
3. Cornell Law School LII: Contempt of court
4. National Domestic Violence Hotline