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Violation of no contact order ?

Cleveland, OH |

if theirs a no contact order in place until sept next month when the offender returns to court(the court never notified her of coming to court while he was in court or about a no contact order,she never once stepped foot into court)against my friends kid father she just recently had their son already has a kid by him,she got pregnant while he was on bail,she said she been talking to him the whole time out of fear of what he would do threatening to get her in trouble,so she said to been playing along pretending they are together for her sake and safety,because he still was comin around.if she wanted another protection order,would she get in trouble for violating it or will he get in trouble for violating the no contact order?

Attorney Answers 2


  1. The woman is the protected party. Unless she is subject to the terms of the order, she is fine. He, however, is in big trouble if he violates.

    It's worth noting judges do not like protected parties facilitating violations of POs.

    Good luck.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


  2. Attorney Deasy is correct. Protection orders almost always only apply to one of the partys. He is in violation of the order for contacting her - even by phone, email, text message - muchless in person. If she has concerns about her safety, she should talk to the prosecutor's office about her concerns. Yes, the court does not like people to bait the other into additional violations - but if she is doing what she needs to do to not get hurt, the prosecutor's office needs to know about the situation. She doesn't need another protection order - she needs to enforce the one she has.

    IMPORTANT LEGAL NOTICE: Mr. Piper's response set forth above is not legal advice and it does not create an attorney-client relationship. Mr. Piper's responses to all questions posted on AVVO are intended to provide general information based upon the his understanding of the facts stated in the question, and are for the general educational purposes of the public, not any specific individual. Also, a particular case may involve additional facts and circumstances which might invalidate some or all of the concepts provided in this answer and therefore you should not rely upon this answer in any individual situation. In order to offer legal advice about this or any similar situation, a qualified attorney would likely need to consider many factors not stated in the question and would need to question the potential client in order to clarify the specific facts operable in that case. If you would like to obtain specific legal advice about this issue, it is recommended that you contact an attorney in your state. Mr. Piper is licensed to practice law in the State of Ohio, and may be contacted directly via email at: piperlawoffice@gmail.com.

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