Question:

Violation of a protection order?

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I put a protection order on my ex in march of '08 I emailed her some of her pictures she had on my computer to be a nice person. She had emailed me back is she in violation? Is email even a violation?

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  1. you could contact her all you want. unless she files for a protective order as well


  2. E-mail is considered contact.

    Protection orders usually have a no-contact clause within them, although some of them leave it out.

    If there is a no-contact clause within the order, then she probably technically violated it.  It depends on the exact wording.

    To convict her of actually violating it would be a different story, since you initiated contact with her.  I have seen it go either way.

    If you want to send her anything else, do it through her or your attorneys.

    Edit - my god...spell check is free here and I still made a mistake.

  3. Technically, you violated it first.  If she was smart she would have turned you in.  You got lucky.

  4. She won't be in violation of the protective order because you contacted her. That would be considered entrapment. Some states and jurisdictions the protective order works both ways and you could be in violation by contacting her. It would be best if you were to only contact her through your attorneys otherwise they could use the contacts you are making to her against you in court.

  5. Technically she is in violation of the order, but it would probably would be in the interest of justice not to pursue charges unless the reply was suffiicently harassing as to be out of proportion as a reply.

    Email is contact, just as much as a phone call.

  6. If your PO says that there is no contact with you - then the email would be in violation.

  7. Because you initiated contact, it is unlikely the prosecutor would file charges.

    You should not have emailed her, regardless of the reason. If the prosecutor finds out, he may vacate the protection order.

  8. You initiated contact so there would be no charges filed on her.  However, you are in violation of your protection order and the court may make it void and lift it.  Also, if this had been initiated beyond just e-mail you both could be arrested and charged with violating a protection order.  You should not have contacted her, so if anything, you are at 100% fault.  If you do try and press charges for her contacting you, you will be charged with filing a false police report and other susequent charges.

  9. If she is not allowed to contact you - she is in violation - flat out - even if you solicited her first.

    You are the petitioner - an order of protection does not forbid you from doing anything - you can not be charge for violating it.

    The respondent - your ex - is bound by what it says and is accountable.

  10. What does the protection order say? There you will find your answer.

    By the way, it works both ways. If she is not allowed to contact you, you can not contact her.

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