Implementing and maintaining restraining orders are essential to keeping victims safe. Here is how to prove a violation of a restraining order.
When a restraining order has been violated, the “restrained person”, or the person who has a restraining order against them, may face criminal charges and be subject to a fine or jail time. So long as the “protected person”, or person who has the restraining order, follows certain steps, they can utilize the power of their restraining order to ensure their safety and penalize the restrained person.
What to do if the Restrained Person Violates the Restraining Order
When a restraining order is violated, the steps to prove the violation may appear to be overwhelming and confusing. If a restrained person violates a restraining order, there are four immediate steps that the protected person may take. To ensure protection, it is important for the protected person to take swift action.
The four steps are:
1) Call the police
It is important for the protected person to always keep a copy of their restraining order on them at all times. If the restraining order is violated in any way, the protected person should call the police, show them a copy of the order, and explain what happened. If the restrained person has not been served, or given, a copy of the restraining order and is still present when the police arrive, the protected person may ask the police to serve the orders to the restricted person. If the restrained person knowingly disobeys the restraining order, the police may immediately fine or arrest the restrained person. When the protected person calls the police and speaks to the officers, they should also ask the police for a police report number and badge number. The protected person may use the police report number and badge number as proof that they called the police for a restraining order violation.
Related: What Happens If You Violate Your Own Restraining Order?
2) Collect proof of the restraining order violation
After the violation occurs, the protected person should collect proof that the violation occurred. Some examples of proof include (but are not limited to) any eyewitness statements or copies of threatening voicemails or texts.
3) Ask the police and the district attorney to press/file charges against the restrained person
The protected person should contact the police and district attorney in their area and make it clear that they want to press criminal charges against the restrained person.
4) File a civil contempt action
Once the protected person has collected detailed information about the violation and has followed all the above steps, they can file papers in court asking the judge to find the restrained person in “contempt of court” for violating the restraining orders.
Step 1 and Step 2 are the most important to take immediate action with. See the section below to see how to collect proof. Only after collecting adequate proof should the protected person proceed to Steps 3 and 4.
Related: How to Terminate a Restraining Order in New Jersey
How to Collect Proof of the Violation
The most important part of proving restraining order violations is to collect evidence. To do this, the protected person can do the following:
- Write down what happened, when, where, and the names of any witnesses.
- Get written statements or declarations from the witnesses.
- Save and make an audio copy of any threatening voicemail messages.
- Print out any threatening emails or Internet contacts.
- Screenshot and keep any threatening text messages.
- Get copies of police reports (use the police report number and badge number collected when the police were called).
- If the protected person was hurt, they should get copies of medical reports and, if possible, take pictures of the injuries.
If the restrained person violates the restraining order in any way, they will be held liable for their actions as long as the protected person provides these forms of proof.
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