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.

In fact, for violations of protective orders, it is easy to see why a dual system is appropriate. When an offender is punished criminally, they face jail time and a conviction that can have a negative impact on a victim's financial status, for example by making the offender unable to pay child support. Therefore, if a victim feels that a violation of a protective order did not present a physical danger, they can choose to pursue a civil remedy. However, some violations of protective orders, like stalking and continued assaults, make it likely that a victim will be killed, and they dictate that an offender should be behind bars, so that a victim will be safe.

References

Jordan, Carol E. "Intimate Partner Violence and the Justice System: An Examination of the Interface." Journal of Interpersonal Violence. Vol 19, Issue 12, pp. 1412+.

McTaggart, Kelli C. "The Violence Against Women Act: Recognizing a Federal Civil Right to be Free from Violence." Georgetown Law Review, Vol,. 86, Issue 4, February 1998, pp. 1123+.