How to Take Action for Violation of an Injunction

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methods

1Working with Law Enforcement

2Filing an Affidavit

3Filing a Civil Contempt Action

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Tips and Warnings

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While courts issue injunctions for a variety of reasons and to restrain many different kinds of behavior, the most common situation is a restraining order or order of protection, which prohibits an abusive or violent person from contacting you or visiting places you frequent, such as your school or workplace. Violating an injunction is a criminal offense that can land the violator in jail. There are several methods you can use to take action for violation of an injunction depending on your state's law and the type of injunction that was issued.

Steps

Method 1

Method 1 of 3:

Working with Law Enforcement

1. 
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   Make sure you're safe. Before you take action for violation of an injunction, take care that the incident is over and the threat to your safety or the safety of others has ended. If you fear for the immediate safety of yourself or your loved ones, call 911.

   • If you call 911, make sure you have a copy of the order when police arrive. You should keep a copy of the injunction on your person at all times.
   • Show the police the order and describe what happened. The officers who arrive on the scene will compile a report and give you information about who to contact to follow up.
   • There are a number of shelters that may be available to help you if you don't feel safe staying where you are. The officers who arrive on the scene should have information on how to contact those organizations.
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   Organize your documents and evidence. You will need a copy of the injunction or restraining order so the police can review its conditions and the identity of the restrained person. You also should present any evidence you have that the person violated the injunction.

   • For example, if you have a letter from the restrained person, or an email or voicemail message, you should keep it. Resist your natural impulse to delete such evidence or to throw it away.
   • Particularly with email or other online message on social media or the like, you can print it out or take a screen capture image to show police immediately, but don't delete or destroy the original message after doing so. The original message contains additional information that investigators can use.
   • If the person physically harmed you, take pictures immediately. Bruises or abrasions can heal relatively quickly, and the photos will serve as evidence of the harm.
   • If you've suffered significant physical harm, go to the hospital. Doctors and nurses also can serve as witnesses.
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   File a police report. Ideally, you want to go to the police station in person to file your report. This way you can speak to an officer in person, and provide them with a copy of the injunction and any other documents or evidence you have.

   • When you arrive, tell the first officer that you want to file a report for violation of an injunction. That officer may take your statement, or delegate your report to another officer.
   • The officer who takes your statement will interview you and may question you extensively. Try to answer the questions as openly and completely as you can, even if they involve sensitive topics.
   • Keep in mind that the more information you can provide to the officer, the more likely the police will arrest the restrained person and bring them to justice.
   • When the officer has written up your report, they should give you a copy of the report for your records. Keep this in a safe place, and make note of information such as the officer's name and the report number. You'll need this information to follow up on your report.
   • You don't need to appear in person to file a report if police appeared on the scene. However, if you have additional information you can go to the police station to update the report.
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   Follow up on your report. Although an officer may contact you with status updates on your report, you shouldn't expect it. Call regularly to ensure progress is being made and find out if the restrained person has been arrested.

   • When you call, ask for a status update on your report and provide the officer who answers the phone with the reference number listed on your copy of the report.
   • If you have any additional information you want to add to the report, let them know that you need to update your report.
   • If another incident has occurred in the meantime and the person has violated the injunction again, police may want you to file an additional report. The officer will tell you what you need to do.
   • In most states, police are required by law to investigate the situation and arrest the restrained person for violation of the order. Once the person is arrested, you typically will be notified and told what you need to do next.
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   Contact the district attorney's office. After an arrest is made, the district attorney's office will be in charge of prosecuting the case. If you aren't contacted directly, you can call the district attorney's office to find out which prosecutor has been assigned to the case and what its status is.

   • Keep in mind that in most states you have no discretion to decline to file charges for violation of an injunction. Once the person is arrested, the district attorney will file the appropriate criminal complaint with the courts.
   • Typically the district attorney assigned to the case will talk to you about your report and the incident that occurred. Give the district attorney as much information or evidence as you have, including a copy of the injunction.
   • Once criminal charges are filed, the district attorney may ask you to be a witness at trial, if the restrained person intends to defend themselves against the charges.
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Method 2

Method 2 of 3:

Filing an Affidavit

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   Go to the clerk's office. If no arrest has been made, many states allow you to swear out an affidavit attesting to the injunction violation. An affidavit can be valuable where you have no hard evidence to prove the violation. The clerk of the court that issued the injunction will have the appropriate paperwork.

   • You may want to call the clerk's office before you go there in person to find out what sort of documents you will need to bring with you. Typically you will at least have to bring a copy of the injunction.
   • If the violation occurred in a different county than the county where the court that issued the injunction was located, you should go to the clerk of the court with jurisdiction over the county where the violation occurred.
   • The clerk will assist you in preparing your affidavit, but keep in mind they cannot provide you with legal advice, only instruct you on the procedural requirements for completing your affidavit.
   • The clerk also can let you know what the proper procedures are for enforcing an injunction in that court.
   • Keep in mind that if you have an injunction from another state, there may be additional documents that must be filed before you can have the injunction enforced in the state courts where the violation occurred.
2. 
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   Consider hiring an attorney. An attorney can help you navigate the court system and enforce your injunction effectively. In many states you may be entitled to an award of attorney's fees from the restrained person if they ultimately are convicted of violating the injunction.

   • Although you typically are not entitled to a court-appointed attorney, there are numerous nonprofit organizations that may connect you with a volunteer attorney to help you.
   • You also may be able to get assistance from your local legal services office.
   • If criminal charges are filed, the prosecution of the case will be taken over by a district attorney at no charge to you. However, if you end up having to file a civil action you may need legal assistance.
3. 
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   Gather your evidence. Any documentation or other proof you have of the injunction violation, such as a voicemail message, should be mentioned in your affidavit. Paper documents such as a letter from the restrained person typically can be attached to your affidavit.

   • Take care to preserve any evidence of the violation, even though your first impulse may be to destroy it. To be used as evidence in court, it must be preserved in its original, unaltered state.
   • For example, if the restrained person sends you an email, don't delete the email even if you print it out. A print-out of an email doesn't contain all the same information that the email itself does, and that information can be used to authenticate that the email did indeed come from the restrained person.
   • At a minimum, you'll need a copy of the injunction, which you typically must attach to your affidavit.
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   Outline the incident. Your affidavit should describe the conditions of the injunction and provide a clear factual account of the encounter that constituted a violation of those conditions. You also should describe your actions after the incident occurred.

   • Make note of the specific conditions of the injunction that the restrained person violated through their actions.
   • Include as many details as possible, including the date, time, and location of the incident.
   • Describe the incident in chronological order, and stick to the facts as much as possible.
   • You can state how the incident made you feel, particularly if the person instilled fear, but avoid making opinionated remarks or speculating on the restrained person's motivation or intent.
   • At the same time, keep in mind that in most cases criminal sanctions are only available for intentional violations, not accidental or coincidental violations. If you have any evidence or factual knowledge that the restrained person acted with knowledge that their actions were in violation of the injunction, you should include this in your affidavit.
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   Sign your affidavit. Typically an affidavit must be signed in the presence of a notary public. The notary verifies your identity and serves as a witness to the signing of the affidavit, but they don't have to read the affidavit or know any of the details of your situation.

   • A notary public typically is available at the courthouse for a small fee. You also may be able to find a notary public at your bank, since they often offer notary services free of charge to their customers.
   • In some courts, you may sign your affidavit in front of the clerk rather than seeking out an independent notary public.
   • After you've signed your affidavit and had it notarized, make at least one copy of it for your records.
   • Depending on the court's rules, the clerk may want additional copies from you. The clerk can make copies, but typically you'll be charged a fee per page.
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   Submit your affidavit. Once your affidavit is completed and signed, you must take it back to the clerk's office so it can be properly filed with the court and law enforcement. Typically it will be turned over to the district attorney's office or the local police department so charges can be filed against the restrained person.

   • Typically there are no fees associated with filing an affidavit in support of a violation of an injunction.
   • Once you submit your violation to the clerk of the court, the information regarding the violation will be forwarded to the district attorney's office. A district attorney will take charge over your case at that point.
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   Follow up on your case. A police officer or district attorney may want to meet with you to discuss the contents of your affidavit. If the restrained person is arrested, you also may be called upon to serve as a witness at trial.

   • If your affidavit and information about the violation is forwarded to the district attorney, they typically will contact you first for additional information.
   • You typically can call the clerk to check on the status of your case or get information about what's being done regarding the violation.
   • If no criminal actions are taken, you may have to file a civil contempt action to enforce your injunction. The clerk will let you know if you need to go that route.
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Method 3

Method 3 of 3:

Filing a Civil Contempt Action

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   Get the appropriate forms. Since an injunction is a court order, you also can file a contempt complaint or motion to have the person held in contempt for the violation. The specific documents you'll need vary greatly among jurisdictions, so your best course of action is to contact the clerk of the court that issued the injunction.

   • You also can get civil contempt forms by contacting the clerk of the court located in the county where the violation occurred.
   • However, keep in mind that if your injunction was issued in a different county or state than where the violation occurred, you may have to complete additional paperwork to register your injunction before it can be informed by that court.
   • Whether you use a complaint or motion depends on the court in which you are filing your contempt action. If you're filing a contempt action in the same court that issued the injunction, typically you will file a motion using the same case number that was listed on your original injunction.
   • The clerk will let you know what documents must be completed and filed and the court's procedure that you must follow to enforce your injunction. However, the clerk will be unable to give you any legal advice concerning your case.
   • If you're seeking to enforce a restraining order or other domestic protection order, you should file a civil contempt action only as a last resort. Violation of these injunctions is a criminal offense and typically should be addressed by the criminal justice system through the district attorney.
   • For other types of injunctions, filing a civil contempt action is your only method of enforcement.
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   Consider consulting an attorney. An attorney can ensure you're filling out the forms and filing them correctly, as well as represent you at the hearing. Having an attorney speak on your behalf can be especially beneficial if you know you will be threatened or intimidated by the presence of the restrained person in the courtroom.

   • Additionally, keep in mind that since a contempt charge could result in jail time, the restrained person may have the right to a court-appointed attorney if they can't afford to hire someone.
   • For this reason, it's worthwhile to have an attorney on your side.
   • If you question your ability to afford attorney's fees, contact your local legal services office. There also are a number of nonprofit organizations dedicating to assisting victims of domestic violence in particular that may be able to assist you.
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   Complete your forms. Either on your own or with your attorney, you'll need to draft a complaint or motion outlining the violation of the injunction and the reason you're requesting the restrained person be held in contempt for these violations.

   • At a minimum, your complaint or motion must contain factual allegations that describe the incident you assert constitutes a violation of the injunction.
   • If you're filing a motion, you may not need to go into detail about the injunction since the motion is filed under the same case number and that information is readily available to the court.
   • However, if you are filing a complaint, you may need to begin by providing details about the injunction, including information about when and where the order was issued and the specific conditions of the injunction that you allege were violated.
   • Include as many factual details as possible, including the date, time, and location of the incident that constituted a violation of the injunction.
   • You also may want to include references to any evidence you have of the violation, or the names and contact information of witnesses.
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   Submit your forms to the clerk. Once all the required court documents have been completed and signed, you must take the originals and at least two copies to the clerk of the court that issued the original restraining order.

   • You may want to contact the clerk ahead of time and find out how many copies are required and whether you must pay a fee to file the documents. In most states there are no court fees associated with enforcing an injunction related to a protective order or restraining order.
   • For other types of injunctions, you typically must pay a small fee, usually under $100, to file a motion to enforce the injunction.
   • The clerk will stamp your originals and copies "filed" with the date you submitted them. You'll get the two copies back, one of which is for your own records and the other of which must be delivered to the person you want to enforce the injunction against.
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   Have the restrained person served. Before the restrained person can be held in contempt, they must have sufficient legal notice of the allegations of contempt and an opportunity to defend themselves in court.

   • The service process for a civil contempt action will be the same as the process you followed to get the original injunction.
   • Typically you will have the restrained person served by providing a copy of the court documents to the sheriff's department in the county where the person lives. A sheriff's deputy will hand-deliver the documents to the person and complete the proof of service document once that action is completed.
   • You also can use a private process serving company. Private process servers can be particularly beneficial if the person is attempting to evade service or if they have done so in the past.
   • In some states you also may have the option of serving the person by sending the documents using certified mail with returned receipt requested. This option may be easier, however it may not be the most efficient, particularly if the person has a history of evading service.
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   Organize your evidence. For the restrained person to be held in contempt, you will have to be able to prove in court that they violated the judge's injunction. Any documents or other physical evidence will make a stronger case than if you have to rely solely on your own testimony.

   • In terms of documents, you typically must have the originals to present as evidence with the court. There are authentication procedures that must be followed, which you can learn by reading the court's rules of evidence if you don't have an attorney.
   • If there were witnesses to the incident, make a list of their names and contact information. You may want them to appear in court to testify on your behalf, in which case you may need to work with the clerk to have a subpoena issued.
   • Make sure you talk to any witnesses you plan to call before the date of the hearing so you can go over questions they'll be asked and gain an understanding of what they will say.
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   Attend the hearing. If you want the restrained person to be held in contempt for violation of an injunction, you must appear in court on the day the hearing is scheduled and argue your case before a judge.

   • Keep in mind that the restrained person will be in the courtroom at the hearing. If you don't have an attorney, you may want to consider bringing along a friend or family member for moral support.
   • If the restrained person does not show up at the hearing, they automatically will be held in contempt and a bench warrant will be issued for their arrest.
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Tips

• If you move to a new state and have an out-of-state restraining order or injunction, talk to your local police department or the clerk of your county court to find out what you need to do to register that court order in your new state so it will remain enforceable. Doing this in advance can save you precious time if the restrained person attempts to violate the injunction.
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