againist me. My son had threatened me initially, so I said the same things to him even though I was not serious. My son later requested that he be taken off the restraining order and the judge granted his request. For the past several months my wife and I continued communicating with each other without any problems by phone and by text. She became upset because her sister and I are friends and she dislikes her sister, so she contacted police when I asked her about the whereabouts of my daughter. I have been charged with violating the restraining order even though my wife had been contacting me on a weekly basis. Will I get jail time for this even though swhe initiated the contact? She is only upset because her sister wanted a ride to go shopping.
Divorce / Separation Lawyer
You won't likely get jail for the first time but be very very cautions. The Order bars you from contacting her. It's really not a mutual order even though she should be treating it as such. Don't even begin to think the law won't enforce it just because she contacts you. Be very careful because I believe 3 or more infractions is a felony.
Criminal Defense Attorney
Our office handles these kinds of issues on a regular basis. It is even possible to request a hearing to quash the Order of Protection she has against you. If this is something we can help you with and you are interested in hiring an attorney, please call us.
You asked if you can get jail time - without reviewing the police report and knowing your prior criminal history, if any, we can't say for certain. But it is unlikely if there was no violence and no prior criminal history.