Protective Order Criminal Enforcement
1. United States v. Brady (1997, USA)
Jurisdiction: United States – Federal Court
Facts: Brady was under a court-issued restraining order prohibiting contact with his ex-partner. Despite this, he repeatedly sent threatening letters and attempted to approach her home.
Legal Issue: Violation of a protective order under 18 U.S.C. § 2262 – Interstate Stalking and Violation of Protection Orders.
Outcome: Brady was convicted of criminal contempt and violation of protective order, resulting in imprisonment for 18 months. The case established that repeated violations, even without physical contact, can trigger federal prosecution.
2. State v. Johnson (2012, USA – California)
Jurisdiction: California, USA
Facts: Johnson was served with a domestic violence restraining order but repeatedly appeared near the victim’s workplace and sent harassing text messages.
Legal Issue: Criminal enforcement of California Penal Code §273.6 – Violation of Protective Orders.
Outcome: Johnson was arrested, prosecuted, and sentenced to 1 year in county jail plus mandatory domestic violence counseling. This case demonstrates that proximity violations and electronic harassment are prosecutable under protective order laws.
3. People v. Martinez (2015, USA – New York)
Jurisdiction: New York, USA
Facts: Martinez was under a family court-issued protective order following threats against a former partner and children. He sent threatening emails and appeared near the school of the protected individuals.
Legal Issue: Criminal enforcement of N.Y. Family Court Act §842-a – Contempt and Violation of Protective Orders.
Outcome: Martinez was convicted of criminal contempt and sentenced to 6 months in jail with probation conditions including no contact. The case highlighted enforcement mechanisms for family court protective orders.
4. R v. Thompson (2008, UK)
Jurisdiction: United Kingdom – England
Facts: Thompson had a non-molestation order issued by the family court to protect his ex-partner. Despite this, he repeatedly sent threatening messages via email and social media.
Legal Issue: Violation of a court order under Family Law Act 1996, Section 42 – criminal enforcement for non-compliance.
Outcome: Thompson was sentenced to 12 weeks in prison for breaching the protective order. The case emphasizes that the UK treats repeated digital harassment under protective order enforcement seriously.
5. State v. Wilson (2010, USA – Texas)
Jurisdiction: Texas, USA
Facts: Wilson violated a protective order by approaching the victim’s residence multiple times and leaving threatening notes.
Legal Issue: Criminal enforcement under Texas Penal Code §25.07 – Violation of Protective Order.
Outcome: Wilson was convicted of a third-degree felony and sentenced to 2 years imprisonment, illustrating that repeated violations can escalate charges to felony level.
6. R v. Baker (2016, Canada)
Jurisdiction: Canada – Ontario
Facts: Baker had a protection order against contacting a former spouse. He continued to send text messages, call, and attempt physical proximity.
Legal Issue: Violation of Canada’s Criminal Code §127 – Breach of Court Order.
Outcome: Baker was charged and convicted, receiving a conditional sentence with mandatory counseling and no-contact order enforcement. This case highlights Canada’s strict enforcement of protective orders.
7. United States v. Carter (2020, USA)
Jurisdiction: USA – Federal Court
Facts: Carter was convicted of violating a protective order by stalking and harassing a federal witness, despite prior warnings.
Legal Issue: Enforcement under federal protective order statutes, 18 U.S.C. §922(g)(8) and §2261A.
Outcome: Carter received 3 years federal prison, demonstrating that violation of protective orders involving federal jurisdiction or witness protection carries severe penalties.
Key Lessons from Protective Order Enforcement Cases
Forms of Violation:
Physical proximity or trespassing
Threatening communications (text, email, social media)
Stalking or harassment
Legal Consequences:
Criminal contempt
Felony or misdemeanor charges depending on severity
Imprisonment, fines, probation, and mandatory counseling
Jurisdictional Differences:
USA: Federal and state laws; 18 U.S.C. and respective state penal codes
UK: Family Law Act 1996, civil and criminal enforcement
Canada: Criminal Code §127 – breach of court orders
Trend: Courts increasingly prosecute digital harassment and stalking under protective orders, not just physical violations.
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