What happens if both parties violate the p.o. but the plaintiff wishes to keep in in fulll effect but both have already violated

Asked almost 5 years ago - Claremore, OK

what can or will happen if a p.o. that was granted for stalking, following, and harrassing was violated by both parties but the plaintiff wishes to keep the p.o. in effect for the same reason? both parties have conversated and hung out on a few occasions but the defendant continues to stalk, harass, n follow the plaintiff... and does it void the p.o. n have to be files again?

Attorney answers (1)

  1. Ronald S. Pichlik

    Contributor Level 18

    Answered . As I understand your question you want to know if both the petitioner and the respondent are engaging in contact with each other freely and voluntarily what could happen to either or both of the persons. Personal protection orders ONLY are valid against the respondent who has had the order entered against him or her. There is not, and cannot be a violation of a PPO against the original appicant who obtained the PPO against another person. The PPO doesn't preclude the petitioner from doing anything; it only precludes the respondent from engaging in contact with the petitioner. With that said, however, it might be difficult to prove you violated a PPO if the petitioner is going to admit that he/she has been engaging in contact with you freely and voluntarily; it would tend to put the lie to the assertions that were made in the original PPO application that he/she was frightened, intimidated, stalked, etc. by you. Lastly, and purely as friendly advice, please remember that if the police see you in contact with the petitioner and verify the PPO they usually are empowered to arrest you on the spot. Remember that if you anger or upset this person while at their residence or just with them with their consent and they call the police you are going to go to jail on the spot. Additionally, in most jurisdictions a new stalking charge that is alleged to have been committed in violation of a PPO will elevate the new charge to a felony. Personally, I'd stay away and out of this situation. If this person wants your company advise them that in order to protect yourself they need to get the PPO terminated.

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