Violating an Order of Protection: Legal Consequences

An order of protection is a vital legal tool designed to shield individuals from harassment, abuse, or threats. Violating such an order carries severe legal consequences, as these violations compromise the safety of the protected individual and undermine the authority of the court. This article explores the complexities surrounding orders of protection, the legal implications of violating them, enforcement mechanisms, and actionable steps for both protected individuals and respondents.

Understanding Orders of Protection

An order of protection, often referred to as a restraining order, is a court-issued directive intended to prevent a specific individual (the respondent) from engaging in harmful behaviors toward another person (the petitioner). These orders are commonly issued in cases involving domestic violence, stalking, harassment, or threats of harm.

Types of Protective Orders:

Temporary Restraining Orders (TROs):

• Provide immediate but short-term protection until a formal hearing can be held.
• Typically valid for 10 to 30 days.

Final Orders of Protection:

• Issued after a court hearing where both parties present evidence.
• Can last for months or even years, depending on the circumstances.

Emergency Orders:

• Granted when there is an imminent threat to the petitioner’s safety.
• Often issued outside of regular court hours.

No-Contact Orders:

• Specifically prohibit all forms of communication, including phone calls, texts, and social media interactions.

Stay-Away Orders:

• Require the respondent to maintain a specified physical distance from the petitioner, their home, workplace, or school.

Protective orders provide a legal framework for addressing immediate threats and establishing clear boundaries. However, their effectiveness relies heavily on proper enforcement and adherence to the terms outlined by the court.

Full Faith and Credit Provisions

Under the Full Faith and Credit Clause of the U.S. Constitution, protective orders issued in one state must be recognized and enforced in all other states. This provision ensures that individuals under protection do not lose their legal safeguards when crossing state lines.

Key Points:

• The Violence Against Women Act (VAWA) reinforces this clause, mandating nationwide enforcement of protective orders.
• Courts and law enforcement agencies are required to uphold valid protective orders, even if issued by an out-of-state jurisdiction.
• Failure to comply with this provision can lead to federal penalties for law enforcement agencies.

Example in Practice:

Consider a petitioner granted an order of protection in New York who relocates to California for safety reasons. Under full faith and credit provisions, California law enforcement must enforce the New York order as if it were issued locally.

Understanding this framework is critical for petitioners seeking continuous protection and for respondents to recognize the nationwide enforceability of these legal directives.

Penalties for Violating a Protective Order

Violating an order of protection is a criminal offense with penalties that vary based on the nature and severity of the violation. Courts take these breaches seriously to deter repeat offenses and uphold the safety of the protected individual.

Consequences of Violations:

Criminal Charges:

• Misdemeanor or felony charges, depending on the jurisdiction and the nature of the violation.
• Penalties may include fines, probation, or incarceration.

Contempt of Court:

• Respondents who violate protective orders may be held in contempt of court, resulting in additional penalties.

Loss of Custody or Visitation Rights:

• Violating a protective order in family court cases can lead to the suspension or termination of custody or visitation rights.

Enhanced Sentencing for Repeat Offenses:

• Multiple violations often result in harsher penalties, including extended jail time and increased fines.

Real-World Case Example:

In a notable case, a respondent repeatedly violated a no-contact order by sending threatening messages to the petitioner. The court sentenced the respondent to six months in jail and imposed a $5,000 fine, citing the need for stricter penalties to prevent future violations.

Enforcement of Protective Orders

The enforcement of protective orders is critical to their effectiveness. Law enforcement agencies, courts, and legal professionals play key roles in ensuring compliance.

Steps in Enforcement:

Proper Service of the Order:

• The order must be served to the respondent to be enforceable. Agencies like Undisputed Legal ensure timely and accurate service of protective orders.

Documentation of Violations:

• Petitioners should maintain detailed records of all violations, including dates, times, and descriptions of incidents. Physical evidence such as screenshots of messages or voicemails can strengthen enforcement actions.

Reporting Violations:

• Protected individuals should immediately report violations to law enforcement, providing any supporting documentation.

Arrest and Prosecution:

• Law enforcement may arrest the respondent for violations, which are then prosecuted in court.

Tips to Navigate an Order of Protection

For both petitioners and respondents, navigating an order of protection can be challenging. The following tips provide clarity and actionable advice.

Tips for Petitioners:

• Keep a copy of the protective order with you at all times.
• Inform trusted individuals, such as employers and school administrators, about the order.
• Utilize community resources, such as domestic violence shelters and legal aid services, for additional support.
• Document all interactions or attempts at contact by the respondent to strengthen enforcement efforts.

Tips for Respondents:

• Fully understand the terms of the order and comply with all restrictions.
• Avoid any contact, direct or indirect, with the petitioner.
• Seek legal counsel to address concerns or misunderstandings related to the order.
• Attend all court-mandated hearings and programs to demonstrate compliance.

Frequently Asked Questions About Violating a Protective Order

What should I do if my protective order is violated?

Immediately report the violation to law enforcement. Provide detailed information about the incident and any supporting evidence, such as messages or witness statements.

Can a protective order be enforced in another state?

Yes. Under the Full Faith and Credit Clause, protective orders issued in one state are enforceable in all other states.

What are the penalties for violating a protective order?

Penalties vary by jurisdiction but can include fines, jail time, probation, and additional legal restrictions.

What happens if the respondent avoids service of the order?

Courts may take additional measures to ensure service, such as using a private process server like Undisputed Legal or alternative service methods.

The Role of Undisputed Legal in Serving Protective Orders

With extensive experience in serving legal documents, Undisputed Legal ensures that protective orders are delivered accurately and efficiently. Proper service is a critical step in the enforcement process, as it notifies the respondent of the legal restrictions imposed by the court. By leveraging professional process servers, petitioners can have confidence that their case is being handled with precision and care.

Services Provided:

• Serving protective orders across jurisdictions.
• Providing proof of service to the court.
• Assisting with the documentation required for enforcement.

Conclusion: Ensuring Compliance and Safety

Violating an order of protection is a serious offense with significant legal consequences. For petitioners, understanding enforcement mechanisms and documenting violations is essential to ensuring their safety. For respondents, strict adherence to the terms of the order is critical to avoiding legal repercussions.

By partnering with experienced professionals like Undisputed Legal, individuals can navigate the complexities of protective orders with confidence. Whether you need assistance serving an order or addressing a violation, professional support ensures that your rights and safety remain a priority. Together, we can uphold the integrity of protective orders and create safer communities.

ADDITIONAL RESOURCES

• Domestic Violence Protective Orders: Legal Safeguards Explained
• The Evidence You Need To Get An Order Of Protection
• Stalking Protection Orders: Consideration and Procedures
• Interstate Enforcement of Protection Orders: What You Need to Know
• Protecting Children In Domestic Violence Cases
• The Violence Against Women Act (VAWA): A Comprehensive Guide
• Violating An Order of Protection: Legal Consequences
• Full Faith and Credit Clause & Its Relationship To Protective Orders
• Final Order Of Protection: Securing Your Future-The Ultimate Guide To Long-Term Safety
• Temporary Order Of Protection: Your Bridge To Safety-A Vital Guide For Victims And Advocates
• Emergency Order Of Protection: Your Lifeline In Crisis-A Comprehensive Guide
• Tech-Enabled Protection Services: Revolutionizing Order of Protection Processes
• How To File Forr An Order Of Protection In Washington D.C.
• Order of Protection Process Service: Ensuring Diligent And Sensitive Handling of Family Court Documents
• Process Server Insights On Protection Orders: Navigating Legal Complexities
• How To Effectively Serve Orders Of Protection In Domestic Violence Cases
• Law Enforcement Process Server Partnerships: Enhancing Protection Order Service
• Serving Orders Of Protection In New York: A Comprehensive Guide

FOR ASSISTANCE SERVING ORDERS OF PROTECTION

Click the “Place Order” button at the top of this page or call us at (800) 774-6922 to begin. Our team of experienced process servers is ready to assist you with reliable and sensitive service of order of protection documents, ensuring compliance with all legal requirements. We offer both comprehensive support and à la carte services tailored to your specific needs:

• Prompt and professional service of order of protection petitions and orders
• Accurate completion of affidavits of service
• Rush service for urgent matters
• Skip tracing for hard-to-locate respondents
• Detailed reporting on service attempts

Don’t risk case delays or dismissals due to improper service. Let Undisputed Legal’s skilled team handle the crucial task of order of protection process service for you. Our diligent, discreet service helps attorneys, pro se petitioners, and individuals ensure their order of protection papers are served correctly and swiftly.

Take the first step towards ensuring proper service in your order of protection case – click “Place Order” or call (800) 774-6922 now. Let Undisputed Legal be your trusted partner in navigating the critical process of serving order of protection documents.

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives” – Foster, William A

Sources

¹The Violence Against Women Act of 1994 (VAWA) is a United States federal law (Title IV of the Violent Crime Control and Law Enforcement Act, H.R. 3355)

² Enforcement of protective orders, legal series bulletin #4. (n.d.). https://www.ncjrs.gov/ovc_archives/bulletins/legalseries/bulletin4/2.html 

³ Domestic violence: Orders of protection and restraining orders – findlaw. (n.d.-m). https://www.findlaw.com/family/domestic-violence/domestic-violence-orders-of-protection-and-restraining-orders.html 

⁴ For example, violation of a protective order is a misdemeanor in Indiana and an invasion of privacy in Connecticut. In Pennsylvania, the Supreme Court has ruled that a violation of a protective order is partial grounds for a burglary charge. In Connecticut, entering a building in violation of a protective order is construed as first-degree criminal trespass.

⁵ In many places, there is a mandatory minimum sentence for those who disobey a protection order. Hawaii has a strict minimum sentence of 48 hours for a first offense and 30 days for subsequent offenses for those who violate protective orders issued in cases of domestic violence and harassment. Iowa has a 7-day consecutive minimum sentence for no-contact orders, while Illinois has a less severe requirement of 24 hours for a second or subsequent offense. Colorado takes a different approach, stating that any sentence for a protective order violation must run consecutively, not concurrently, with the sentence for the crime that caused the order.

⁶ Full faith and credit: A passport to safety, a judge’s guide. NCJFCJ. (2021b, March 31). https://www.ncjfcj.org/bench-cards/full-faith-and-credit-a-passport-to-safety-a-judges-guide/ 

⁷ In addition, the original issuing court must be contacted once a year by the circuit court clerk in Kentucky to authenticate each international protective order.

⁸ Domestic Abuse Act of 1991, § 9-15-101 et seq.

⁹ Mortgage Specialists v. Davey (2006) and Rogowicz v. O’Connell (2006) provide guidance in this area

¹0 § 12-64-406(b).

¹1 The court should think about whether the contempt of court  (a) would amount to a breach violating the terms of the protection order is thus illegal (RSA 173-B:5, 1(a)); (b) is involuntary criminal activity; or (c) amounts to an infringement of the directive that would warrant the contempt of court case

¹2 The plaintiff initiates the contempt proceedings by filing a notification with the court, asserting that a protection order provision has been breached by the defendant. Legal documentation is required of the plaintiff along with the precise actions that are said to be in breach of the court’s directives.

¹3 There must have been a clear and lawful order that was allegedly disobeyed; and, Plaintiffs have the burden of evidence, and the standard that must be met is ‘clear and compelling proof. A conviction for civil contempt by the court carries with it the threat of imposed must be of a remedial or coercive character and be in the plaintiff’s best interest.

¹4 The following are examples of situations in which courts may grant such orders where appropriate circumstances exist:

1. Domestic abuse
2. Maltreatment of children
3. Abduction of a child
4. Abuse of the elderly or vulnerable adults
5. Violence involving firearms

¹5 Violation of a protection order led to the defendant’s conviction in Edge v. Com., 883 N.E.2d 928 (Mass. 2008).