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?
General Practice Lawyer
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.
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.
Divorce / Separation Lawyer
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.
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