Reviewing Your Order of Protection

Before taking any enforcement actions, it is crucial for individuals who have obtained a domestic violence injunction to carefully review the order to confirm if it has been violated. Domestic violence injunctions typically prohibit further acts of violence against the petitioner and restrict the respondent from contacting the petitioner directly or indirectly. This includes staying a certain distance away from the petitioner's residence, place of employment, or vehicle. The injunction may also prohibit any form of contact, whether electronic or through third parties. In some cases, the order may address temporary financial support for the petitioner or grant exclusive use of the family home. Failure to comply with any of these provisions constitutes a violation, enabling the petitioner to seek enforcement through the court.

Violation and Enforcement of an Injunction

Violating a domestic violence injunction can lead to both criminal and civil consequences. Criminal penalties range from fines to imprisonment and conviction of a criminal offense. Additionally, petitioners have the option to report the violation to the authorities, which often occurs when the respondent is arrested for breaching the order. If an arrest has not taken place, the petitioner must directly contact the Clerk of Court or the State Attorney's office to file an affidavit detailing the violation. Upon review of the affidavit, the state can initiate prosecution for the violation.

In cases involving financial support or child custody matters, courts can enforce a domestic violence injunction through civil contempt proceedings. Unlike criminal proceedings, civil contempt aims to ensure compliance rather than impose punishment. To hold someone in contempt of court, it must be demonstrated that the respondent deliberately violated the injunction. If sufficient evidence exists, the respondent may face fines, imprisonment, and an order to comply with the original restraining order, under the risk of criminal penalties.

Seek Legal Assistance for Your Inquiries and Concerns

At Victoria Law, our domestic violence attorneys are committed to assisting clients with filing and enforcing domestic violence injunctions. Contact Victoria Law today to get started.