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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33759
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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What if a plaintiff invites over a person they a protected

Customer Question

what if a plaintiff invites over a person they a protected order against to have a relationship with
Submitted: 3 months ago.
Category: Legal
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Did the person come over despite the fact that there was a protective order in place?

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Did the person who had the protective order then call the police?

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What is your legal question I can help with tonight?

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thanks

Barrister

Customer: replied 3 months ago.
they were separated for a short time but planning to get back together and police was not called at the first time and they both stayed in my apartment as well until they moved in together in the same town
Expert:  Barrister replied 3 months ago.

Ok, I am still not seeing an actual legal question I can answer...

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But if a protective order (PO) was issued, that is a court order and the "victim" doesn't have the legal authority to dismiss it or give the defendant permission to violate it by having contact. So even if the victim wants the defendant to come over, they shouldn't unless the victim contacts the court and has the PO dismissed. If the defendant is caught in the company of the victim, the police will have to arrest them for a violation of a PO, which is a new separate charge.

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So it isn't safe for the defendant to be around the victim until the PO is dismissed or they run the risk of being arrested.

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thanks

Barrister

Customer: replied 3 months ago.
what can happen to the person accepted invitation to come over and the person who willingly let them in going against the protection order if they are married and have children together .
Customer: replied 3 months ago.
she came over to my apartment to see him as well
Expert:  Barrister replied 3 months ago.

The defendant can get arrested and put in jail for violating the PO. As I mentioned, the victim doesn't have the power to override the judge's order....which is for the defendant to stay away. Whether they are married or not is not legally relevant...there is an order from a judge that says no contact.

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And there is no order against the victim.. so she can do whatever she wants.. it is the defendant who is risking going to jail if they have contact and someone sees them together and calls police, or she gets mad and calls them herself.

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i have seen it hundreds of times in my years as a Public Defender...they get back together, think everything is fine, one night they have a fight about something silly, she calls the police, he ends up in jail for 6 months for violating the PO.

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If she wants to have contact with him, she can ask the court to drop the PO.. Otherwise the defendant is just rolling the dice with each contact..

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thanks

Barrister

Customer: replied 3 months ago.
even she breaks it seeing him first
Customer: replied 3 months ago.
i did read something that if she allowed him to see her the protection order would be null and void
Customer: replied 3 months ago.
would that be true
Expert:  Barrister replied 3 months ago.

so even she breaks it seeing him first

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No, I can't really make this any clearer....she is under no order not to have contact with him...period. He is under an order not to have contact with her....

So if he walks into a store and she is there, he has to turn around and leave. If she calls him, that is not a violation. If he answers or calls her back, he has broken the law.

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Granted the judge would look at who first made contact if a violation is alleged. But if she wants contact, she can go drop the PO.

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i did read something that if she allowed him to see her the protection order would be null and void

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No, this is an urban legend.... something people believe that is definitely not true. Only the judge can dismiss the PO.

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I mean, he can do what he wants, but if he ends up back in jail charged with violation of a protective order, he can't say he wasn't warned in advance.

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thanks

Barrister