Harassment Order Violation Prosecutions
🔍 Legal Background
Harassment orders can be:
Civil (protective/restraining orders),
Criminal (part of sentencing or probation),
Emergency (issued quickly when a threat is imminent).
When someone willfully violates such an order, they can be charged with:
Criminal contempt of court
Violation of a protective order (often a misdemeanor, or a felony if repeated or violent)
Stalking, harassment, or intimidation
In some states, even felony-level charges if a weapon is involved or there's prior history.
📚 Detailed Case Law Examples
1. People v. Johnson (Illinois, 2015)
Facts:
Johnson was under a no-contact harassment order after threatening his ex-partner.
He sent repeated texts and showed up at her job.
Victim reported violations multiple times.
Charges:
Violation of a harassment protection order (Class A misdemeanor).
Stalking and harassment charges added.
Outcome:
Convicted.
Sentenced to 11 months in county jail, plus probation.
Required to attend a court-mandated anger management program.
Significance:
Shows how digital contact (texts, DMs) is enough to violate a no-contact order.
2. State v. Sandra Lewis (Minnesota, 2018)
Facts:
Lewis was prohibited from contacting her former neighbor due to a pattern of threatening behavior.
Violated the order by sending anonymous letters and leaving items on the victim’s porch.
Charges:
Gross misdemeanor for violation of a harassment restraining order (Minn. Stat. § 609.748).
Also charged with disorderly conduct.
Outcome:
Found guilty.
Sentenced to 180 days in jail (90 stayed), 2 years probation, and court-ordered therapy.
Significance:
Shows that indirect contact (anonymous letters) can still count as harassment.
3. State v. Miguel Reyes (California, 2019)
Facts:
Reyes had a criminal protective order after a domestic violence case.
He contacted the victim over 50 times in one week via fake social media accounts.
Charges:
Violation of criminal protective order (Penal Code § 273.6).
Aggravated stalking.
Outcome:
Convicted.
Given 2 years in state prison due to prior offenses.
Significance:
Demonstrates how courts treat patterned, high-volume digital contact as serious violations.
4. Commonwealth v. Denise Harper (Massachusetts, 2012)
Facts:
Harper violated a harassment prevention order by repeatedly calling her former coworker.
She had prior warnings and had previously been found in contempt.
Charges:
Criminal contempt.
Violation of a 258E harassment prevention order.
Outcome:
Judge found the violation “willful and deliberate.”
Sentenced to 6 months in jail.
Protective order extended for an additional 5 years.
Significance:
Illustrates how repeat violators face escalating consequences.
5. State v. Aaron Blake (Washington, 2020)
Facts:
Blake had a harassment restraining order barring him from contacting a college classmate.
Used mutual friends to relay threatening messages.
Charges:
Violation of a protection order.
Witness intimidation.
Criminal conspiracy.
Outcome:
Convicted of violating the order and witness intimidation.
Sentenced to 14 months in prison.
Significance:
Shows third-party contact (using intermediaries) still counts as a violation.
6. People v. Derrick Miller (New York, 2021)
Facts:
Miller, with a long history of domestic violence, was under a full stay-away order.
He was caught on surveillance visiting the protected party’s home in violation.
Charges:
Felony criminal contempt (due to prior violations).
Trespassing.
Outcome:
Convicted.
Sentenced to 3 years in state prison.
Significance:
Escalates to felony level when there's a history of prior protective order violations.
🔑 Summary Table
| Case | Location | Violation Type | Charges | Outcome | Key Takeaway |
|---|---|---|---|---|---|
| Johnson (2015) | Illinois | Texting and visiting victim | Misdemeanor + stalking | 11 months jail | Digital contact is actionable |
| Lewis (2018) | Minnesota | Letters and porch items | Gross misdemeanor | Jail + probation | Indirect contact still counts |
| Reyes (2019) | California | Social media contact | Felony stalking | 2 years prison | Patterned digital contact = serious |
| Harper (2012) | Massachusetts | Repeated calls | Contempt | 6 months jail | Repeat = harsher penalty |
| Blake (2020) | Washington | Threats via friends | Intimidation + conspiracy | 14 months prison | Using others = violation |
| Miller (2021) | New York | Visiting home | Felony contempt | 3 years prison | Repeated violations = felony |
Want to Explore Further?
Would you like to:
Break down the elements prosecutors must prove in criminal contempt cases?
Practice analyzing a sample harassment order to identify potential violations?
Compare civil vs. criminal restraining order enforcement?
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