If you determine during the course of a family violence assault investigation that the offender is also violating a protective order, do you charge for the violation of the order?

• A. No charge for the protective order violation
• B. Charge for the protective order violation only if a separate offense is charged
• C. Charge for the protective order violation regardless of other charges
• D. Charge only if the offender admits violation

Answer: (A)

When a protective order is violated during a family violence incident, the key point is to avoid duplicating charges for the same course of conduct. In this scenario, the violation of the order is considered part of the overall DV incident, and charging the protective order violation separately would be duplicative. The primary offense (the assault) stands on its own, and the order violation is addressed by the existence of the protective order and the need to enforce it, rather than by adding another count for the same incident. Document the violation and pursue enforcement actions as needed, but do not file a separate charge for the protective order violation in this case. Separate charges for a protective order violation would only be appropriate if there were independent evidence of a separate violation beyond the assault.