Will I get in trouble for not reporting my ex-boyfriend breaking the order of protection and contacting me?

Asked about 4 years ago - Pekin, IL

My ex was arrested for domestic battery. There were marks on my neck which the police took pictures of and suggested I get an order of protection. I have an order of protection now and he contacted me on the computer. I made the mistake of talking back to him. Then he continually called me from restricted numbers. I talked to him a few more times because I felt bad that he got in so much trouble. I didn't want him to be arrested again for breaking the order. I'm afraid on the court date when I try to get the 2 year that I'll get in trouble for not reporting the contact. I will be honest when they ask me in court. I'm also afraid he has proof of the contact and use this against me in his case for the arrest as well. I just want to save myself from getting into any trouble.

Attorney answers (2)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . You also are obligated to abide by the order of protection if you want to attempt to enforce it by further court process.

    Do not contact your ex-spouse! Avoid all further contact with your ex-spouse!

    Yes he will attempt to use your past violations against you when you go to court.

    If he calls again, REPORT THE CONTACT THAT VIOLATES THE OOP IMMEDIATELY! He has to be held accountable for what he has done. If that means he gets arrested, then so be it.

    Under oath, you must TELL THE TRUTH! If you don't you can get into trouble.

  2. Scott Andrew Wineberg

    Contributor Level 14

    Answered . The only "trouble" you may find yourself in is (1) not being able to get the plenary order of protection, and (2) if he is found not guilty of the domestic battery and returns [with no treatment, jail, probation, "no contact" order, etc] to do further harm to you. A competent defense attorney will try to use your continued and repeated contact with your ex even after signing a complaint and getting an emergency order of protection against him. Without the OP, there is still probably a no-contact provision in the criminal case, although sometimes it's only for 72 hours. You should contact the victim/witness counselor with the State's Attorney's Office in the County where the domestic battery occurred and they can request the prosecutor file a motion to amend or revoke your ex's bond. That is only a temporary fix to what is likely a longer-term problem.

    It appears that you are now more concerned for your own welfare than you feeling bad for him. That's a good start. Now it's time to cut the cord and move on with your life without him. Even if he does undergo some sort of domestic violence/anger management type counseling, I'd venture to guess (with no statistical support at hand, just professional experience) that a greater percentage of domestic abusers repeat their offenses against the same/other victims than sex offenders who have undergone treatment/counseling.

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