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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27752
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My brother has been arrested 4 times for breaking a protective

Customer Question

My brother has been arrested 4 times for breaking a protective order it has been in the paper I myself have a protective order against him. ..he called on my cellphone in front of 2 whiteness while on speaker phone made allegations that I had said several things about him which were false he broke the order to tell me he was filing defflamation of character charges on me that he was going to put me in jail with him. ..his story has no validity what should I do. ? All the information he claims I said actually came out in the local newspaper. ..which is how I found it out. ..since we haven't spoke in 2 years except when he breaks the protective order and calls to rant and rave to me about something I supposedly done to him
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 years ago.

My name is Fran and I am a criminal lawyer.

A protective order is worthless if you haven't enforced it. If a judge believed that you were deserving of a protective order, and if your brother has a history of violating protective orders with yourself and with others, the obtaining and the enforcement of protective orders would be unlikely to allow him to succeed with a defamation of character suit, even if he did file it. You'd need a civil lawyer, but it would be hard for him to prevail under the circumstances you've indicated.

Seems to me that your brother may just be "ranting." The contact is, however, a violation of the protection order, and in enforcing a valid order, you shouldn't let the threat of a civil suit deter you from reporting the offense.
Expert:  Zoey_ JD replied 4 years ago.
I see that you believe I am a poor expert. I question what you thought you were going to hear in the first place.

If he's breaking the order and threatening you with suit, you can sit and complain about it or you can enforce the order and lawyer up. The first option will get you absolutely nowhere but the second will bolster your case if there ever is a defamation charge.

Best of luck to you.