What Happens If You Violate a Protective Order?

Protective orders, also called restraining orders or orders of protection, are court orders. Breaking one is treated as defying the court and endangering the protected person.

What counts as a violation

Anything the order prohibits, which commonly includes:

• Any contact: calls, texts, social media, email, letters, gifts
• Contact through third parties, such as asking friends to pass messages
• Coming within a set distance of the person, their home, work, school or car
• Going to a shared residence after being ordered out
• Possessing firearms, where the order prohibits it
• Harassing, threatening or following the person

Criminal penalties

• Misdemeanor for many first violations, with possible jail, fines and probation
• Felony in many states for repeat violations, violations involving assault or weapons, or violations of certain orders
• Contempt of court, which can bring additional sanctions (Cornell LII)
• New charges such as stalking, harassment or assault, depending on the conduct

Federal law

• Crossing state lines, or causing the protected person to cross state lines, to violate a protection order is a federal crime (18 U.S.C. 2262).
• Every state must enforce valid protection orders from other states and tribes (18 U.S.C. 2265).
• Federal law prohibits firearm possession by people subject to certain qualifying protection orders involving an intimate partner or child (18 U.S.C. 922(g)(8)).

"But they contacted me first"

The order restricts the restrained person, not the protected person. Even if the protected person calls, invites you over or agrees to meet, you can usually be arrested and prosecuted. If both people want the order changed, the protected person must ask the court to modify or dismiss it.

If you are accused of a violation

• Do not respond to any contact from the protected person.
• Save evidence showing what happened, including messages they sent.
• Talk to a criminal defense lawyer before speaking with police.

If you are the protected person

Call 911 if you are in danger. Keep a copy of the order with you and document every violation. See what happens if a restraining order is violated and 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: 18 U.S.C. 922, Unlawful acts (g)(8)
4. Cornell Law School LII: Contempt of court