Restraining orders exist to protect people from harassment, abuse, and threats—but they only work when enforced. Understanding the consequences of violating a restraining order helps protected persons know what to do when violations occur, and helps respondents understand the serious risks of non-compliance.
What Constitutes a Violation?
Restraining order violations occur when the restrained person: comes within the prohibited distance of the protected person, contacts the protected person directly (calls, texts, emails, social media), contacts the protected person through third parties, goes to prohibited locations (home, work, school), possesses firearms if prohibited by the order, fails to move out of a shared residence as ordered, or violates any other specific term of the order.
Even accidental contact can constitute a violation—the restrained person has the burden of avoiding the protected person.
Criminal Consequences
Violating a restraining order is a crime in all states. Penalties typically include:
First offense: Usually a misdemeanor punishable by up to one year in jail, fines, and probation.
Repeat violations: May be charged as felonies with longer prison sentences.
Violations involving violence: Treated more seriously with enhanced penalties.
Federal charges: Crossing state lines to violate a protection order is a federal crime.
Immediate Arrest
Police can arrest violators without a warrant if they have probable cause to believe a violation occurred. Many jurisdictions have mandatory arrest policies for restraining order violations. The restrained person may be held without bail until a hearing.
Additional Criminal Charges
Violations often accompany other crimes: stalking, harassment, assault, trespassing, or witness intimidation. Each violation can be charged separately, compounding potential penalties.
Impact on Related Cases
Violations affect other legal matters:
Custody cases: Violations demonstrate inability to follow court orders, negatively affecting custody decisions.
Divorce proceedings: Judges view violations unfavorably when dividing property or awarding support.
Criminal cases: If the restraining order relates to criminal charges, violations may affect bail, plea negotiations, and sentencing.
What to Do When Violations Occur
If you're protected and the order is violated:
Call 911 immediately if you feel unsafe or the violation is in progress.
Document everything: Save messages, take screenshots, note dates and times, photograph any evidence.
Report to police: File a report even for non-emergency violations.
Contact your attorney: They can seek contempt proceedings and enhanced orders.
Don't engage: Don't respond to contact attempts—this can complicate enforcement.
Contempt of Court
Beyond criminal charges, violations can result in civil contempt. Courts can impose additional penalties, extend the restraining order, modify terms to be more restrictive, and hold violators in contempt with additional fines or jail time.
Defending Against Violation Allegations
If accused of violating a restraining order, potential defenses include: lack of knowledge of the order (if never properly served), the contact was accidental and unavoidable, the alleged victim initiated contact (though this rarely excuses violations), the accusation is false, and the order itself was improperly issued.
Don't attempt to explain yourself to the protected person—this creates another violation.
Modifying or Terminating Orders
If circumstances change, either party can petition the court to modify or terminate the restraining order. The proper approach is through legal process—never by violating the order.
GPS Monitoring and Enforcement
Some jurisdictions use GPS monitoring for restrained persons. Entering prohibited zones triggers alerts to authorities and the protected person, enabling immediate response.
Getting Legal Help
Both protected persons and those accused of violations need legal counsel. Attorneys help protected persons enforce orders effectively and help accused persons navigate criminal charges while avoiding additional violations.