When a Restraining Order is Violated

When a Restraining Order is Violated

The police can arrest the restrained person since it is a crime to disobey the judge’s orders. The restrained person can:

  • Be fined, or
  • Go to jail

Once the order is violated, as the protected person, you should act right away.

1. Call the police

  • Show the police a copy of your order
  • If the restrained person is there and has not been served (given) a copy of the order, ask the police officer to serve the orders
  • Make sure you give the police a Proof of Personal Service Form to fill out and return to you. Then, you must file this form at the court. You can access that form here

2. Gather proof of the violation of the restraining order

  • Write down what happened, when, where, and the names of any witnesses
  • Get written statements or declarations from the witnesses
  • Make an audio copy of any threatening voicemail messages
  • Print out any threatening e-mails or Internet postings
  • Retain any threatening text messages
  • Get copies of police reports
  • If you were hurt, get copies of medical reports

3. Get copies of your order and give key people a copy

  • Keep 1 copy with you AT ALL TIMES. You may need to show it to the police. You may want to keep 1 in your car and another in your purse, backpack or briefcase
  • Keep another copy in a safe place
  • Give a copy to anyone else protected by the order
  • Take copies to places where the restrained person is ordered NOT to go (school, work, daycare, etc.)
  • Give a copy to the security officers in your apartment or office buildings
  • Make sure your local police have a copy, too. Ask them to enter it into CLETS, a special computer system that lets police all over the state find out about your order