What happens if someone violates a restraining order?

What counts as a violation

Anything the order prohibits. The most common violations are:

• Contact of any kind — calls, texts, emails, social media messages, comments or tags, letters, gifts.
• Contact through third parties, such as asking a friend or relative to pass on a message.
• Coming within the stay-away distance of the protected person, their home, work, school or car.
• Returning to a home the restrained person was ordered to leave.
• Possessing or buying firearms when the order prohibits it.
• Threats, harassment or abuse.
• Not following custody or visitation terms in the order.

A violation can occur even if contact was brief or friendly. Once the restrained person has been served or told about the order, lack of knowledge is not a defense.

Criminal consequences

In most states, a first violation is a misdemeanor punishable by fines and up to a year in jail. It often becomes a felony when the violator has prior violations, when the violation involves violence, a weapon or stalking, or when it happens while on probation. Separate charges — assault, stalking, burglary, witness intimidation — can be added depending on the conduct. Many states require mandatory arrest when police have probable cause that a domestic violence order was violated.

Firearm violations

Under federal law, a person subject to a qualifying domestic violence protective order may not possess firearms or ammunition. Violating that ban is a federal felony punishable by up to 15 years in prison, and state laws impose their own penalties.

Contempt of court

Because the order is a court order, the judge who issued it can also hold the violator in contempt, which can bring fines and jail. Some states use contempt instead of or in addition to a criminal charge.

Other consequences

• Bail — a violation can lead to bail being revoked in a pending criminal case.
• Probation — it is usually a probation violation as well.
• Custody — family courts treat violations seriously when deciding custody and visitation.
• Extension — the protected person can ask the court to extend the order or make it stricter.
• Immigration — for non-citizens, a court finding of a protective order violation can make them deportable.

What if the protected person made contact?

The order binds only the restrained person. Even if the protected person called first, invited them over or agreed to meet, the restrained person can be arrested and charged. Consent is not a defense in most states. The protected person generally cannot be charged with violating an order that restrains someone else, though a judge may view repeated voluntary contact as a reason to modify the order. The safe course for both is to ask the court to change the order rather than ignore it.

What to do if the order is violated

1. If you are in danger, call 911 immediately and tell the dispatcher there is a protective order.
2. Keep a copy of the order with you to show officers.
3. Save evidence: screenshots, call logs, voicemails, photos, and names of witnesses.
4. Write down the date, time, place and what happened.
5. Report every violation, even minor ones — a documented pattern matters for prosecution and for extending the order.
6. Tell your advocate or lawyer, and consider updating your safety plan.

Across state lines

Under the Violence Against Women Act, a valid protective order must be enforced in every state and on tribal land. Crossing state lines to violate an order can also be a federal crime.

If you are the restrained person

Follow the order exactly, even if you believe it is unfair, and ask the court to modify or dismiss it through the proper process. If you are charged with a violation, contact a criminal defense lawyer before speaking with police. Defenses can include lack of proper service, accidental encounters in public places, or conduct that the order did not actually prohibit.

Violations are also taken into account if the restrained person later asks for the order to be ended early — a clean record of compliance is usually required.