What Happens When Someone Violates an Order of Protection?

Violating an order of protection is treated seriously by the court system, and the outcome on Wednesday depends on several factors: the specific nature of the violation, your husband's prior criminal history, and how the judge who issued the original order views what happened.

The judge presiding over Wednesday's hearing is almost certainly the same one who issued the order of protection. That matters because judges who issue protective orders take violations personally. They view it as a direct challenge to their authority and to the safety of the protected party. Walking back into that courtroom having violated the order is not a favorable position regardless of the circumstances.

What happens next depends on how serious the violation was. A technical violation, such as contact made indirectly or briefly, is treated differently than a direct confrontation or a situation involving any threat or intimidation. The more serious the violation, the more likely the judge is to impose confinement to make the point.

Prior criminal history also factors in. A first-time offense with no prior record and a credible explanation gives the judge more room to be lenient. A pattern of behavior or prior violations narrows that room considerably.

If your husband has an attorney, that attorney needs to be fully briefed before Wednesday with any context that supports a plausible explanation for what happened. Judges are more receptive to explanations that are presented clearly and honestly than to ones that appear to minimize or deflect. If there is a legitimate reason for the contact or violation, it needs to be on the table.

The most likely outcomes range from a stern warning with modified order conditions on the lenient end, to jail time on the other. Where Wednesday lands on that spectrum depends on the facts and how well they are presented.