A petitioner cannot be held in contempt for violation of a protective order unless the order directs her to do something. Generally, protective orders should not do so (apart from visitation exchanges). Although improper, some judges admonish domestic violence victims not to “entice” the defendant to violate an order of protection and warn petitioners that they could be held in contempt for doing so. A petitioner’s actions do not excuse or legally justify an abusive party’s violation of the protective order. And a victim’s alleged invitation or acquiescence to an order’s violation is not a legal defense to the crime of a protective order violation. Nor can a petitioner “violate” an order by contacting an abuser or allowing the abuser into her home, unless the protective order is mutual and the provision prohibiting contact is directed to both parties.1 Orders with mutual provisions should be rare because Louisiana law restricts the circumstances under which mutual orders of protection may be issued.2
On the other hand, if a protective order includes visitation and custody provisions requiring that the petitioner do something (such as bring the child to a visitation exchange) a petitioner can be held in contempt for not following that part of the order. For this reason, lawyers should take care to avoid any unnecessary language in orders that impose duties and obligations on anyone other than the defendant (though sometimes custody and visitation provisions make that impossible). One common tactic used by attorneys representing the abusive partner is to request mutual provisions that the parties not “disparage” one another in front of the children. Though the request may sound reasonable on its face, provisions like these provide abusive former partners with an easy tool for harassment and vindictive litigation. Lawyers should oppose the inclusion of provisions that impose mutual obligations on the parties to the extent feasible and should thoroughly advise clients about their legal obligations to comply with any provision of an order that applies to them.
- 1Repeated initiated contact by the victim towards the abuser may give rise to a court granting a motion to dismiss filed by the abuser.
- 2On mutual protective orders, see Section 3.5.