Filing for an Order of Protection

If the Respondent has violated the Order of Protection, he/she can be punished in criminal court or family court. You should report any criminal violations of the Order to the police (i.e., new incident of abuse, calling or threatening). The police can arrest the Respondent for a violation and take the case to criminal court. The Respondent can be sentenced to thirty (30) days in jail if found guilty. Typically, a criminal court will handle any criminal violations of the Order.

You can also request the family court to find the Respondent in "contempt" for violating the Order by filing a Rule to Show Cause with the Clerk of Court. The Court will schedule a new hearing and you would need to testify about the violation. The judge will decide whether to hold the person in contempt. The punishment can range from a warning to community service to a year in jail. Typically, family court will handle any civil violations of the Order (i.e., failure to pay support, failure to pay bills as ordered, etc.).