The person who has an order of protection is the one harassing! What can happen?

Question

My Dad has a crazy cousin who has always been jealous of him, instigates trouble and tries to "bait" him.

A few months ago, he showed up at one of my Dad's businesses and STARTED a fist fight, then called the Police and lied saying my Dad started it. He got a restraining order against my Dad. He is also trying to sue him in civil court right now.

Today, he showed up at my Dad's other place of business and stood in the parking lot on my Dad's property "looking around" My Dad had 2 employees witness this. Can my Dad press charges for anything, get him arrested or even get a restraining order against him? This guy is nuts!!

Thanks!

Answer 1

First of all, I am not an attorney and am not offering legal advice.  I was informed by a judge that if the person who sought the restraining order violates it, than the restrainee can file a motion in court to have the order lifted.  If a witness is present it should be no problem.  Worked for me.

Answer 2

If I'm not mistaken, BOTH parties have to follow an order of protection.  So, next time this happens your dad should just call the police, but keep it on the downlow so the he's there when the cops arrive.  They'll be able to lookup that he has an order of protection against your dad so they'll be asking him wtf he is doing there.

I would highly recommend that your dad follow a restraining order as well, that way it'll be a criminal act for him to do this.

Answer 3

Unfortunately, a protection order protects one party from the other. It does not protect each party from each other. Our Supreme Court decided awhile back that a person who sought a protection order from somebody could not be arrested for violating the protection order because they are in a "protected status". The order protects THEM, not the other person. Which leaves us with the following scenario.

Boyfriend and girlfriend get into fight...girl gets protection

order and boy goes to jail.  He gets bonded out and she calls him crying and sobbing about how she can't believe he went to jail and she really wants to see him. Like a fool he goes over there and they argue. She calls the police and he goes to jail.  Two weeks later, same scenario plays over again.  Does that seem right to you?

Answer 4

an Order of Protection protects both parties from each other.  When this is put into place neither party can harass, threaten, call, approach each other.

call the police!!!!!

Answer 5

The order belongs to the court!

Either party must follow it.

Your dad needs a lawyer.

File police reports to have a paper trail.

Report him to the court that issued the order.

Trespass him off your dads property.