Restraining Orders

Each protective order includes protections that are in two separate sections. Depending on which section of the order is violated, it could be a crime or it could just be civil contempt of court. You can see the two sections on the petition or on your order. You can call the police or sheriff for criminal violations. An abuser can be arrested, fined and jailed for criminal violations of the order.

Make sure a police report is filled out, even if no arrest is made. If you have legal documentation of all violations of the protective order, it could help you have the protective order extended or modified. It is also a good idea to write down the name of the responding officers and their badge numbers in case you want to follow up on your case.

If the police do not make an arrest in response to a violation of your protective order or the violation is not a criminal offense, you may still file for civil contempt against the abuser yourself in a district court. If you feel that that an arrest should have been made by the police but they failed to do so, you can file a complaint through the attorney general’s victim advocacy council. You can find the complaint form on the Office of the Attorney General website.

For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page.