Where a violation report goes
If you are in danger, call 911 first; police can respond to a violation and may make an arrest. In New York what many people call a restraining order is usually an order of protection, and it may come from a criminal court or from Family Court. When a criminal court issued it, the violation can be reported to police and to the prosecutor's office handling the case, and it may be charged as criminal contempt. When Family Court issued it, you can also file a violation petition with that court, and both routes can be pursued. Orders issued in other states are generally enforceable in New York as well.
Keeping the record without engaging
Save texts, voicemails, call logs, emails, and social media messages exactly as they arrived, and take screenshots that show dates and sender details. Do not reply, even to tell the person to stop, and do not ask anyone to pass along a response for you. Keep a copy of the order with you, because officers responding to a call will want to see its terms. Note the names of anyone who saw the person near your home or workplace. If you want to write down what happened, ask your lawyer or advocate how to do it so the account is useful later.
Where a lawyer helps
Reporting a violation is your right, and you do not need a lawyer to do it. Where we help is in deciding which court to go to, how a violation affects an existing divorce, custody, or criminal case, and whether the order's terms should be changed or extended. We also look at whether the order covers the kind of contact that happened, since some orders bar all contact and others restrict only certain conduct. When children, shared housing, or a shared workplace are involved, those practical questions are often what we work through first. Advocates at local domestic violence programs can help with safety planning alongside the legal steps.
