The Penalties for Violating a Protective Order

The Penalties for Violating a Protective Order

Protective orders aim to safeguard victims of domestic violence, stalking, or harassment by restricting contact with the perpetrator. Violating a protective order is a criminal offense that can lead to fines, jail time, and other serious consequences.

This article examines typical penalties for protective order violations across the United States. We’ll look at fines and incarceration, as well as other potential legal and personal consequences of violating protective orders.

Fines and Fees

All states impose fines for protective order violations. While amounts vary, typical fines range from $50 to $1000 per violation in misdemeanor cases. Gross misdemeanor or felony charges often carry fines up to $5000[1].

Courts also impose fees like:

• Court costs
• Probation and monitoring costs
• Batterer intervention program fees

These fines and fees quickly add up, creating a significant financial penalty.

Jail Time

In addition to fines, violating a protective order can result in jail time in every state. While sentences vary case by case, incarceration periods typically fall in the following ranges[2]:

• Up to 1 year for misdemeanor charges
• 1 to 5 years for gross misdemeanor charges
• Up to 10 years for felony charges

Jail time increases for repeat violations. Probation rather than jail is sometimes granted for first offenses.

Escalating Charges for Repeat Violations

The penalties grow more severe if the defendant has prior convictions for violating the same protective order. Many states escalate charges as follows[3]:

• 1st violation – Misdemeanor
• 2nd violation – Gross misdemeanor
• 3rd violation – Felony

This enhances punishments for those who persistently violate orders.

Batterer Intervention Programs

Many convicted protective order violators must complete court-ordered counseling or batterer intervention programs (BIPs). These aim to teach accountability and nonviolent behavior[4].

BIPs typically involve weekly group counseling sessions over 3-12 months. Defendants must pay program costs of $500-$2000 out of pocket[5].

Probation

Courts often sentence protective order violators to probation lasting 6 months to several years. This involves strict supervision by a probation officer and numerous restrictions[6].

Violating any terms of probation can result in revocation and imprisonment.

Loss of Gun Rights

Under federal law, convicted protective order violators lose the right to purchase or possess firearms. Courts order them to surrender any guns they currently own.

Child Custody Impacts

Violating a protective order also hurts the defendant’s case in any divorce or child custody proceedings. Courts view it as evidence of irresponsible parenting and a safety threat to the child.

Judges commonly award sole physical and legal custody to the other parent in these cases.

Immigration Consequences

A protective order violation conviction qualifies as a deportable offense for immigrants. This means legal permanent residents can be removed from the country after serving their criminal sentence.

Why are Penalties Severe?

Critics argue protective order violation penalties are extreme given most incidents don’t involve actual violence. However, stiff punishments aim to:

• Protect victims from escalating abuse
• Deter abusers and reinforce the order’s authority
• Punish defiance of the court’s authority

The justice system takes protective order violations very seriously. Understanding the harsh penalties can help prevent dangerous situations from arising.