Once a protective order is issued by a magistrate or judge, and is served on the person under the order, that person must comply with the protective order. Failure to do so is a Class 1 misdemeanor (up to 12 months in jail or up to $2,500 fine).
- A second conviction for violation of a protective order, where either the first or second violation involved an act of threat of violence is punished as a Class 1 misdemeanor and carries a minimum mandatory sentence of 60 days in jail;
- A third offense of violation of a protective order where any of the three offenses involved an act or threat of violence is a Class 6 Felony (up to 5 years in jail and up to $2,500 fine) and carries a minimum mandatory sentence of six months;
- If any violation of a protective order consists of an assault and battery where serious bodily injury is caused, it is punished as a Class 6 Felony;
- Any protective order violation that includes an entry into the home of a protected party while they are present, including waiting for them to arrive in the home, is punished as a Class 6 Felony;
- Any conviction for violation of a protective order must include some active jail sentence;
- Any conviction of violation of a protective order also requires the Judge to impose another protective order for up to two years from the date of conviction.
