How to Take Action for Violation of an Injunction
Make sure you're safe., Organize your documents and evidence., File a police report., Follow up on your report., Contact the district attorney's office.
Step-by-Step Guide
-
Step 1: 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. -
Step 2: 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. , 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. , 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. , 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. -
Step 3: File a police report.
-
Step 4: Follow up on your report.
-
Step 5: Contact the district attorney's office.
Detailed Guide
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.
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. , 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. , 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. , 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.
About the Author
Timothy Robinson
Brings years of experience writing about crafts and related subjects.
Rate This Guide
How helpful was this guide? Click to rate: