How to Prove a No‐Contact Order Has Been Broken

Gathering Evidence

Save all text messages or voicemails. When you receive a message from the person against whom you have a no-contact order, your first impulse may be to delete it immediately. However, if you want to prove a no-contact order has been broken, you need to preserve it as evidence. Actual physical evidence of direct contact is essentially all you need to prove the person broke the no-contact order. The person would have little argument against it, aside from perhaps claiming that someone had stolen their phone and contacted you without their consent. A voicemail message in which the person's voice actually can be heard would be almost impossible to defend against, particularly if the content of that message makes it clear that the person intended to contact you. Messages or comments on social media also constitute a violation of a no-contact order in this sense. Technically you probably should block the person from your social media accounts, but if you haven't, save any messages they send or comments they make. Try to save the original form of the message to the extent possible – meaning you should retain it in your phone or on your social media account rather than deleting it. However, you also want to print it out or screen-cap it if possible so you have an additional record that can't be easily altered after the fact.

Talk to witnesses. Anyone who was there when the other person broke the no-contact order can potentially testify on your behalf. Witnesses are particularly important if the contact occurred in person, rather than online or over the phone. Keep in mind that "no contact" truly does mean no contact whatsoever. According to the letter of the order, the person isn't even allowed to say "hi" to you if they happen to pass you on the street. However, if the person does violate the no-contact order face-to-face, proving that violation potentially could become a "he said, she said" situation if the other person denies the contact took place. Under those circumstances, having witnesses to the contact can help reinforce your story and prove that the no-contact order was broken. Witnesses are particularly important if the contact was indirect. No-contact orders typically prohibit both direct or indirect contact, meaning that the restrained person tried to communicate with you through another person. In this situation, getting testimony from the person used to transmit the message to you is crucial. They must be able to say that the restrained person gave them a message to give to you.

Consult your attorney. Typically a no-contact order is entered in conjunction with another legal case, such as a divorce case or a domestic violence matter. If you hired an attorney to work with you on the main case, call them immediately. If you don't have an attorney, you may want to consider talking to one anyway. You typically can get legal assistance by visiting a nonprofit domestic violence organization. Additionally, most family law attorneys give a free initial consultation. The prosecuting attorney may end up filing criminal charges against the person who violated the no-contact order. However, they don't represent you – they represent the state. In fact, when it comes to no-contact orders, your wishes are irrelevant. The order may have been entered against your wishes, and will be enforced against your wishes. In other words, if you later decide you don't want to go forward with prosecution for violation of the no-contact order, too bad. The prosecutor can go ahead and file charges anyway.

Collect all court documents related to the order. Generally, to prove a no-contact order has been broken you must show the existence of the no-contact order. You also must show that the other person had sufficient legal notice of the order against them. To prove these two elements, you'll need the court documents associated with your no-contact order, including the order itself and the proof of service form. Depending on the circumstances, you also may need to show a copy of the no-contact order to law enforcement when you report the violation.

Avoid breaking the order yourself. It doesn't change the fact that the other person violated the order. However, no-contact orders often run both ways. If you have also broken the no-contact order, you may find yourself subject to the same penalties. Even if your no-contact order is not reciprocal, meaning it only binds one party, it's still best to avoid contacting the person yourself. While it isn't a defense to a violation of a no-contact order for the person to say that you contacted them first, it definitely won't help your case in court.

Reporting a Violation

Contact your local police department. As soon as possible after the other person breaks a no-contact order, you must call the local police. Someone who breaks a no-contact order is subject to arrest. However, avoid calling 911 unless there is a real emergency. If you run into the person, or they come to your house and are threatening you or making you fear for your personal safety or that of your loved ones, don't hesitate to call 911. Keep in mind that in most states, if the police witness a person violating a no-contact order, they must arrest the person immediately. However, if the contact in question is more passive, just a text or a message on social media, call the police non-emergency number or go down to the station in person.

Speak to an officer. To initiate a police report regarding the other person's violation of the no-contact order, you must tell an officer what happened. The officer will listen to your account and write the information up into an official police report. Ideally, you want to talk to an officer in person to file your report. That way you can show them the no-contact order and any other court papers associated with the situation. Going down to the police station in person also is especially important if the person contacted you online, over the phone, or through the mail, rather than in person. This way you can bring the evidence you have that the person broke the no-contact order by contacting you.

Get a copy of the police report. The written report may not be available immediately after you speak with the officer, but it should be ready within a day or so. Make sure you have a copy of the report for your records. If there are other people involved, you may want to make copies for them as well. For example, if you have children with the person, you may want to give copies to any of the children's caregivers, or to their school. You also want to make sure that people at places you frequent, such as your work or school, as well as any friends or family you visit frequently, have knowledge of the situation.

Cooperate with law enforcement efforts. As the police investigate the incident, an officer may call to ask you more questions. Contact them yourself if you have anything to add to your report, including any additional contact from the person against whom you have a no-contact order. If you were unable to provide proof of the no-contact order, the police may ask you to bring it in later. The police also may contact you if they are having trouble locating the individual. They may want additional information regarding where the person lives or works, places they frequent, or the locations of friends or relatives. If the person attempts to contact you again, make sure you call the police to update your report. Reference the number on your police report so they can add the information to the right case.

Meet with the prosecuting attorney. After the person is arrested, the case will move to the prosecutor's office, which will file charges against them for violation of the no-contact order. The prosecuting attorney responsible for the case typically will contact you. If the prosecuting attorney decides to file charges, they typically will want you to testify against the person in the court hearing. They will talk to you about the incident in the police report and ask if the person has made any further attempts to talk to you. If you have any physical evidence, the prosecuting attorney will want copies. They also may ask you about the events that led to the judge entering the no-contact order, and try to get a sense of any other legal matters you may have pending, such as a divorce, that also involve the same person. You also may have the option of filing a complaint against the restrained person yourself. However, typically it's best to wait and see what the prosecuting attorney does.

Testifying in Court

Appear on the hearing date. After charges have been filed, the court will likely schedule a hearing. The prosecuting attorney will contact you to let you know the hearing date if you are expected to testify. Make every effort to attend the hearing. The prosecuting attorney may have the court issue you a subpoena, which means your presence is required. Dress in clean, conservative clothing, as though you were going to a job interview. You may want to talk to the prosecuting attorney before the hearing about the types of questions you'll be asked on the stand. Bring documents with you if you want to do so, but keep in mind that you won't be able to refer to them on the stand.

Get sworn in on the witness stand. The prosecuting attorney will call your name as a witness, and you will move from your seat in the courtroom to the witness stand. Either the judge or a court official will swear you in. After you're sworn in, you must make every effort to answer the prosecuting attorney's questions as completely and honestly as you can. If you don't understand a question, ask the attorney for clarification before you answer. Trying to guess is a bad idea. This also means that if you don't know the answer to a question, you should simply say that you don't know or don't remember.

Answer questions related to the no-contact order. Once you are on the stand, the prosecutor will ask you questions to establish the existence of a no-contact order and the court process through which it was issued. To help establish the context of the order, the prosecutor also may ask you questions about the underlying incident or other reason for which the no-contact order was entered. The prosecutor also may ask whether you know if the order was successfully served on the person. The level of proof required here varies among states. In some states, it isn't necessary to prove that the defendant was legally served with the order. The prosecutor only has to prove that the defendant knew about it. However, in practice, showing proof of service is the easiest way to establish that the defendant knew about the order.

Identify the defendant. Even though it may seem obvious, you typically must identify the defendant as the person against whom you have a no-contact order. this establishes that you believe they are responsible for the violation. To identify the defendant, the prosecuting attorney will ask you if the person against whom the no-contact order was entered was in the room. They'll then ask you to point out that person. You also may be asked what relationship you have to that person, or additional questions regarding the legal context within which the no-contact order was entered.

Describe the violation of the order. Through the answers to questions from the prosecuting attorney, you will tell the judge exactly how and when the person contacted you despite the no-contact order in place. The prosecuting attorney also may ask you to identify any physical evidence associated with the violation that is being introduced at the hearing, such as a print-out of text communications. You'll be asked questions to authenticate that evidence and establish that it came from your phone or your computer, and that you didn't doctor it or alter it in any way before you handed it over to law enforcement or the prosecuting attorney.

Answer questions on cross-examination. If the defendant is present, especially if they are represented by an attorney, you may have to answer questions that test the truthfulness of your allegations or call into question your certainty. The types of questions you're asked may differ depending on the defenses the restrained person is claiming. If the restrained person is claiming that they did not willfully contact you, the defense attorney may ask you questions about the way in which you received the message and whether others were included. For example, if the restrained person sent a message to an email list on which you were included, but they weren't aware that you were included on the list and the message wasn't intended specifically for you, the judge may find they did not violate the no-contact order.

Find out the judge's decision. After hearing all evidence related to the violation of the no-contact order, the judge enters a new order. The contents of this order and decision will vary depending on the context of the no-contact order itself.< For example, if the no-contact order was entered as part of the restrained person's bond order after arrest on a domestic violence charge, that person may be sent back to jail. Violation of a no-contact order typically is considered a separate criminal charge. The judge may require the person who violated the order to pay a fine of several thousand dollars, or to spend a short time in jail. If the person has been convicted of multiple violations, or if the violation included an assault against you, the person may face no criminal felony charges. This would result in a more extended jail sentence and more significant fines.