A protective order is a legal boundary—violating it is a crime. Whether the offender contacts you, shows up at your home, or refuses to follow custody restrictions, they face serious legal consequences.
So, what happens when a protective order is violated? Here’s the breakdown.
Immediate Law Enforcement Action
The first step when a protective order is violated is to call the police. Violating a protective order is a criminal offense in all states.
What to Do If the Offender Violates the Order:
- Call 911 immediately and state that you have a protective order.
- Provide details of the violation (what happened, where, and when).
- Show a copy of the protective order to law enforcement.
- Request a police report—this is critical for any future court action.
If law enforcement doesn’t take immediate action, remind them that ignoring a court order has legal consequences.
Arrest & Criminal Charges
Violating a protective order can result in immediate arrest.
Legal Consequences for Violating a Protective Order:
- First-time violation: Misdemeanor charges (possible jail time & fines).
- Repeat violations: Felony charges (longer prison sentences).
- If violence occurs: Enhanced penalties, including longer incarceration.
- If firearms are involved: Federal gun restrictions & additional charges.
Even a text message or phone call is enough for an arrest if the order prohibits contact.
Contempt of Court – Additional Penalties
A protective order is a direct order from a judge—violating it is considered contempt of court.
Possible Penalties for Contempt of Court:
- Fines up to thousands of dollars.
- Community service or probation.
- Mandatory anger management or domestic violence programs.
- Extension of the protective order with stricter terms.
The more violations, the harsher the penalties. Repeat offenders may even receive a lifetime restraining order.
Escalated Charges for Physical Violence or Stalking
If the violation includes threats, stalking, or physical harm, the offender faces even greater criminal charges.
Enhanced Charges for Aggressive Violations:
- Stalking or Harassment: Additional criminal charges.
- Assault or Battery: Separate felony charges (likely prison time).
- Kidnapping or Unlawful Restraint: Severe felony with long-term imprisonment.
- Attempted Murder: If extreme violence occurs, penalties may include life sentences.
A single violation can quickly escalate into a major criminal case.
Violation of a Federal Protective Order
If the protective order is issued by a federal court or the offender crosses state lines, they may face federal prosecution.
Federal Consequences for Violating a Protective Order:
- Up to 10 years in federal prison.
- Permanent firearm restrictions under federal law.
- Immediate involvement of the FBI in some cases.
Interstate violations automatically lead to federal felony charges, which are far more severe than state penalties.
Protective Order Modifications & Extensions
If the offender violates the order, you can request modifications or extensions to strengthen your legal protections.
How to Strengthen a Protective Order After a Violation:
- Request a longer duration (up to a lifetime restraining order).
- Increase stay-away distances (e.g., from 500 feet to a full mile).
- Request GPS monitoring (court may order ankle bracelet tracking).
- Restrict firearm access (court can mandate immediate surrender of weapons).
Each violation gives stronger legal grounds for tougher restrictions.
What If Law Enforcement Doesn’t Take Action?
If the police fail to act, you still have legal options.
What to Do If Police Ignore a Violation:
- File a report directly with the court (judges can order enforcement).
- Consult with a lawyer to push for legal action.
- Gather evidence (texts, calls, security footage) to strengthen your case.
- Contact a domestic violence advocacy group—they can assist with legal support.
Law enforcement is legally required to enforce protective orders under federal law. If officers refuse to act, escalate the case to higher legal authorities.
Final Takeaway: Protective Order Violations Have Serious Consequences
A protective order is a legally enforceable shield—violating it leads to criminal charges.
What Happens When Someone Violates a Protective Order?
- Immediate law enforcement response (arrest possible).
- Misdemeanor or felony charges (depending on severity).
- Contempt of court penalties (fines, jail time, probation).
- Enhanced charges for violence, stalking, or threats.
- Federal prosecution for interstate violations.
- Protective order extensions & increased restrictions.
A single violation can lead to jail time, fines, and long-term legal consequences.
If someone violates your protective order, take action immediately—your safety is the priority.
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