Once you file a domestic violence case the state will take over and prosecute it criminally. Often there is a companion restraining order, order of protection, or condition of bail to keep the perpetrator away from the victim (for obvious reasons). Since it is a court order for him to stay away from you, the fact that you caused him to violate it does not excuse him from violating the court's order. (the order is between the judge and the defendant)
This is not to say that the judge will not look at the surrounding circumstances, but I can tell you that the judge will be none too happy with the fact that you initiated contact with this person after seeking the court's protection. For this reason, I strongly encourage him to get a lawyer right away. You should also speak to an attorney (not the same one). The reason I say this is that you could possibly (not likely) get into some form of trouble yourself. For example if you change your story about what happened you could be charged with perjury or false reporting (in many states these are both felony offenses).
So before doing anything you should both consult separate attorneys.
Feel free to reply.
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He is technically in violation of the court's order. However, if the same judge dismissed the restraining order the day after the violation, I cannot imagine that he/she would take a hard stance on this case. All you can do is explain the situation to the judge. He/she will not be happy but will probably let it go after chewing him out about violating the order. I really cannot help you any further except to say you should discuss it with a local attorney who is familiar with the judge. This will come down to the judge's personality on the bench. Some are more forgiving than others. However, it does favor you both that you apparently lived under the rules for a significant period before violating the order.
The judge will consider the fact that the restraining order worked (it's purpose is to impose a mandatory cooling period away from each other to prevent harm). He/she will consider the nature of the technical violation and pay particular attention to how the violation was detected (which you didn't mention). The judge's decision should be based upon all the circumstances and not that there was simply a technical violation. Perhaps after it is all explained the judge will simply assess costs against him and let you both go.
Good luck and feel free to reply.
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