What the law says
It’s a crime to intentionally and knowingly violate a protective order. Most violations are misdemeanors, with up to a year in county jail and a fine of up to $1,000. It gets more serious if someone is hurt, or if there’s a recent prior violation involving violence or a threat, which can lead to a longer sentence.
A violation can also cause problems in the case the order came from: a higher bail, tighter release conditions, or a probation violation.
Technical violations happen all the time
I’ve seen all of these treated as violations:
- A single email.
- Eating at a fast-food restaurant when the protected person walked in.
- A message asking the protected person to pay back money they owed. That’s collecting a debt, not harassment, but it can still be a technical violation.
None of these is a reason to test the order. They’re a reminder of how strictly orders are read. But when a violation is minor and technical like these, it’s often possible to avoid any real consequences.
When it’s harder
When a violation is flagrant, obvious, and well documented, like showing up at the person’s home or a string of messages, it’s a harder case. Even then, there’s often room to keep the penalty small, and the details still matter.
What I look at
- Was it intentional and knowing? The law requires both. Did you know about the order and what it said? Was the contact on purpose, or a chance encounter you left?
- What does the order actually say? Peaceful contact may be allowed. There may be carve-outs for the kids. Orders are often misread, by everyone.
- Who started it, and why? If the protected person reached out first, that doesn’t excuse a violation, but it matters to the DA and the judge.
- Can they prove it? Messages, call logs, and witnesses often tell a different story than the report.
How to avoid a violation
Contact can violate the order even if the other person starts it. If they reach out, don’t reply, don’t block them, save everything, and tell me.
If you run into the person by chance, leave. If you need to deal with money, property, or your kids, ask me first. There’s usually a lawful way to handle it. And if the order is making normal life impossible, I can ask the judge to change it. How protective orders work, and how to change one.
Questions
They contacted me first. Can I still be charged?
Yes. The order restricts you, not them. Their reaching out can matter to how the case is handled, so save every message, but don’t respond.
Is violating a protective order a felony?
Usually it’s a misdemeanor. A repeat violation can be charged as a felony, especially one involving violence, a threat, or an injury.
Will this hurt my domestic violence case?
It can, through bail, release conditions, or the DA’s view of the case. That’s why I want to hear about any contact, even accidental, as soon as it happens.