Protective order violations: civil and criminal sanctions in domestic violence cases

Civil and Criminal Sanctions

When a domestic violence offender violates an order of protection, the victim has recourse in both the civil and criminal arenas. This is due to the fact that protective orders are obtained through the civil court system, which means that violations can result in civil contempt orders and other sanctions. However, all states also recognize violation of protective orders as criminal offenses, which means that an offender can face criminal sanctions, in addition to civil sanctions. Moreover, the Violence Against Women Act, which, according to McTaggart, was authorized by the Commerce Clause, encourages states to recognize a domestic violence victim's right to a protective order, interstate recognition of protective orders, and the availability of criminal sanctions for violations. (McTaggart). This dual system makes sense, because there are many different reasons for domestic violence victims to obtain protective orders, including physical assaults, strangulation, threats of harm, death threats, sexual violence, threats with weapons, stalking, and harassment. (Jordan). Moreover, post-separation their abusers may act against them in different ways, ranging from harassing phone calls or emails to outright acts of physical violence. Because violations of protective orders can range so widely, it makes sense for their punishment to range widely, as well.