What to Do if Your Abuser Violates the Protective Order

If the abuser violates the "No Contact" provisions of the order, call the police - If your abuser violates your Protective Order by having unlawful contact with you, you should call the police immediately.

• When the police come, show them your copy of the Protective Order, tell them all the details of what happened, and tell them that you want them to write up an incident report.

• You have certain rights in your interaction with the police. Make sure that you get the report number and the officers’ names and badge numbers before the police leave so that you have the necessary information to follow up and make sure that your report was filed.
  

• Arrest - If you want your abuser to be arrested for violating the Order, tell the police that you want to file criminal charges against your abuser. Your local police department should arrest the abuser without a warrant if they have probable cause to believe that the abuser has violated the Protective Order. If your abuser is still present on the scene when the police arrive, the police may arrest the abuser on the spot. If your abuser has fled the scene, the police may put out a warrant on the abuser.

• Vinelink is a free public service provided by the Governor's Office of Crime Control & Prevention that allows victims, law enforcement, etc., to register to recieve updates on the case status of an offender.
  

• Filing Criminal Charges - You may need to go to the Court Commissioner (either in the police station or in the courthouse) in order to file criminal charges.

• Enforcement of Protective Order- There is new legislation that authorizes a judge to order a law enforcement officer to use all reasonable and necessary force to enforce a temporary custody provision of a final protective order.  See HB 183.

If your abuser violates your Protective Order by failing to pay the required Emergency Family Maintenance, you may want to file in court for contempt. If you file for contempt, there will be a contempt hearing, and the abuser will be ordered to pay what s/he owes you in Emergency Family Maintenance if the judge finds that the abuser has violated the terms of the Order.

• Legal Help - For information on finding free legal representation to help you with your Protective Order issues, contact one of the Community Resources that provides free legal services for survivors of domestic violence.
  
  

Source: Maryland Legal Assistance Network, updated by the Maryland State Law Library (MSLL).

Last legal review 8/25/08 (PLL/M.A.J.)