Domestic Violence Protection Order Process

Violation of Protection Orders

What You Should Do If the Order is Violated

The Respondent must have received notice of the existing order, by service or appearance in court, in order for there to have been a violation of the order.

Arrest of the Respondent

1. violating the restraint from causing or threatening harm;
2. entering a residence, workplace or school, the school or daycare of children, or other areas the court has ordered the Respondent to vacate or stay away from.

These violations are a crime--up to a Class C felony--and may also constitute contempt of court.

It is important to note that arrest is mandatory on domestic violence calls even without an existing protection order if the officer has probable cause to believe an assault has been committed within the preceding four hours.

Violations of other terms of the order (custody, visitation, counseling, etc.) may constitute contempt of court.

You can request assistance from the Prosecuting Attorney to initiate and prosecute a contempt of court proceeding. Contact your local prosecuting attorney for direction.

The Respondent can be arrested even if you invite or allow the Respondent to violate the prohibitions contained in the order. The Respondent has the sole responsibility to avoid or refrain from violating the order's provisions. If you no longer need the protection order or wish to have it modified, you must get a court order terminating or modifying the Order for Protection.