It is a crime to violate a protective order, but unfortunately, it is common for the aggressor to reach out to the victim to make amends or to retaliate. Violating the order is a misdemeanor, but if the violation is committed with another crime, like vandalism or assault, the charge may be elevated to a felony. With each conviction of a violation, fines increase as do jail times. As a felony, jail time may be five years or more with considerable fines. A long-term protective order may prohibit the abuser from possessing a firearm while in effect if the abuser is a credible threat to the physical safety of the victim, household member, or dating partner. The defendant will be served a copy of the protective order and is made aware of the restrictions and penalties for violations.
Keep a copy of the protective order with you, and at school or work at all times, so that you can show it to the police who respond to your call. To be most effective, the victim needs to strictly enforce it. That means contacting law enforcement ANY TIME it is violated, even if the contact appears benign. Failing to file a complaint makes it difficult to enforce the order later. It is vital to promptly report any incidents between the victim and the aggressor IMMEDIATELY. IF THE AGGRESSOR DOES ANY HARM TO YOU, REPORT IT TO THE POLICE IMMEDIATELY. The abuser will be arrested, the judge will set bail and an arraignment will be scheduled.
The judge will usually order the following:
• You are ordered not to abuse, harass, assault, stalk, follow, track, monitor, or threaten the protected person, (Name). This prohibition includes the use, attempted use, or threatened use of physical force that would reasonably be expected to cause bodily injury.
• Your are ordered not to contact the protected person personally, through a third party, or via public posting by any means, including written, telephone or electronic (text, email, messaging, or social media) communication.
• You are ordered not to go within yards (distance) of the protected person.
• You are ordered not to contact the protected person’s immediate family* personally, through a third party, or via public posting, by any means including written, telephone, or electronic (text, email, messaging, or social media) communication. (*spouse, mother, father, aunt, uncle, sibling, or child of the offender whether related by blood, marriage, or adoption)
• You are ordered not to go within one hundred (100) yards of the residence or household of the protected person.
• You are ordered not to go to the protected person’s school, or the protected person’s place of employment. Threats of retaliation are a violation of the protective order and should be reported to law enforcement immediately.
Again, it is the victim’s responsibility for reporting any violation of the order immediately. Sending innocent messages may not seem like a violation, but if “no contact” is a part of your order, it definitely is. Whether the sender is trying to make amends or to retaliate, it is against the law. Remember to get the officer’s name. Go to the police office to fill out your statement, even if an arrest is not made. It is important to create a “paper trail,” that will show a pattern of the defender’s behavior that can be used as evidence later.
Contact the LaSalle Parish Sheriff’s Office at 318-992-2067 for help.
