Domestic Violence Restraining Orders

When a person violates a protection order, s/he might be held in civil contempt or criminal contempt. There are different standards and possible outcomes for each.

Civil Contempt
When a person is facing civil contempt, usually it means that the judge will issue another court order that tries to make the person follow the original protection order. Often times, the judge will include a punishment (“sanctions”) or other provisions that do not include imprisonment. For example, a judge might take away a person’s license, change provisions of a protection order so that they are more restrictive, or threaten to escalate the case to a criminal court if the order is not followed. It is easier to prove civil contempt than it is to prove criminal contempt because the standard of proof in civil cases is usually “preponderance of the evidence” as opposed to “beyond a reasonable doubt.” Preponderance of the evidence means the judge has to think it is more likely than not that a violation occurred.

Criminal Contempt
When a person is facing criminal contempt, s/he faces the possibility of more serious fines and even imprisonment as penalties if a judge finds that s/he has violated the order. Usually, for a judge to order a jail or prison sentence, the abuser would have all of the rights associated with a criminal charge, such as the right to a jury trial. If the abuser would be facing substantial jail time, a lawyer could be appointed as well. Also, the standard of proof for criminal contempt is “beyond a reasonable doubt,” which means a judge or jury has to think that it is practically certain, based on the evidence, that the abuser violated the order.