I am an abuser in an assault/battery/domestic violence case and was given a 209A protection order against me to not contact the victim. Few weeks later the victim contacted me, and I stupidly responded. Now the victim keeps harassing me about getting back together, even though I say I am not interested in doing so. Do they still have the power to have me arrested. I'm afraid that by upsetting him that he will call the cops. What can I do to protect myself? The case is still pending trial.
file a motion to vacate the 209A order citing the contact, you can also contact the police regarding the harassment.
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Criminal Defense Attorney
Preserve any records of calls or texts from the holder of the order, to be used in a motion to vacate the 209A order. Do not reply to anything the plaintiff says or texts. Talk to your attorney on your pending case about obtaining the plaintiff/alleged victim's phone and text records from her phone provider for impeachment at trial.
Best of luck,
Dominic L. Pang (617-538-1127)
Disclaimer: This answer is provided for informational purposes only and it is not intended as legal advice. Additionally, this answer does not create an attorney-client relationship. If you wish to obtain legal advice specific to your case, please consult with a local attorney.
Criminal Defense Attorney
Hire an attorney asap to safeguard your interests. As previously mentioned, keep a record of your phone logs and text messages and do not reply to anything the alleged victim sends you.
Answering this question does not create an attorney-client relationship. You should seek a full consultation with a licensed attorney before relying on any advice offered through this website
I agree with my colleagues: keep records of any contact you receive from the alleged victim; do not respond further to any contact; ask your present attorney to retrieve the records of the text and calls for use in your trial; file a motion to vacate the 209A RO assisted by the record of contact from the victim to you. Good luck.