Question:

Order Of Protection Mistake?

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A few days ago someone assaulted me. That night an Order Of Protection was issued against that person on my behalf. The man was called to appear in Court tonight, regarding the assault. I was not. I think I made a BIG boo boo by coming to Court. Let me explain: The reason I wanted to appear, even though I wasn't specifically required to, was that I wanted to be there in case there were any questions the Judge may have wanted to ask me regarding the assault matter. When the man's name was called, I spoke up said: "Your Honor, May I Approach". The Judge ANGRILY told me: NO YOU MAY NOT! I was completely taken aback by his tone of voice. Then the Judge went over the Order Of Protection with the man, etc.

He then finally asked me why I was here. I said, " well I thought maybe you might have some questions for me". He said, again in a very angry tone, NO I DO NOT, YOU MAY LEAVE NOW. I got up didn't say a word and left Court rather shaken embarrassed and confused. When I got home I got to thinking about possibly why the Judge was SO angry with me. Then it dawned on me. Maybe he thought I was there to 'bait' the other guy into violating the Order of Protection, as among other things, he is supposed to stay a certain distance from me, etc. etc. Nothing could be further from the truth, honest! I simply came because I was assaulted and thought by NOT showing up, that it might appear to the Judge I wasn't really hurt or something. Plus I wanted to show him my injury, if possible, to substantiate my claim.

Anyway, that is my guess. What do you all think? I would especially like to hear from lawyers, paralegals, or anyone particularly acquainted with Orders Of Protection and what happened here. But, of course, anyone can respond with your opinions. Maybe I learned a couple lessons tonight.

1) Don't appear in Court unless you are specifically required to or subpoenaed.

2) Don't appear in Court if you know someone is going to appear there who you had an Order Of Protection against.

I learned afterward from a third party that the Order still will remain in effect, for 6 months. So apparently the Judge did not like seeing me show up at all, and that was why he was so angry with me. Do you think I am right, or do you think he was a bit harsh on me? After all, he was making an assumption that maybe I was trying to make the other party violate the Order by appearing there. That was NOT the case. I feel real bad about it, and I am sure the other party was happy to see me get yelled at by the Judge, while the Judge treated the other guy with kid gloves, talked to him really nicely, when he is the guilty party and assaulted me!!

I don't know...I am thinking of writing the Judge a letter to explain why I was there...that I was NOT there to bait the other party into violating the Order of Protection and that I just wanted to appear to defend myself in this assault matter, show my injury, and be there if any questions came up. Do you think this is a good idea? Or do you think I should leave it alone? I am real upset over it, as it makes me look bad now in the eyes of the Judge, I think, and takes a little heat off the other guy. I think I just goofed, big time, but it was totally out of ignorance.

Let me know what you think, and if there is anyway I can possibly repair the damage for the mistake I unknowingly made. Thanks.

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  1. wow thats alot to read uhm number one :S


  2. It is still illegal for you to contact or be within' a certain range of the person with whom the protective order is against. You knew the person that committed the assault was going to be there, and technically illegal for you to be there. You are not allowed to go within a certain range of their place of employment, home, or anywhere you know that they frequent. if you walk in to a restaurant and they're there, you must leave (they were there first) ... protective orders go two ways.

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