What Should I Do If My Girlfriend Keeps Texting Me And There Is A Protection Order Against Me?
It’s important that you understand exactly what the protective order has ordered you to do. This can usually be found on the front page of the protective order. In a protective order, usually along the bottom of the front page or the top of the second page, there is either a checkbox that is either checked or isn’t checked that may order you to have no contact whatsoever with the protected person. Now, a lot of times, people who are released on bond on a domestic violence charge may have a protective order that does not prohibit them from having communication with the protected party. However, they may have a different condition of their bond that does prohibit them from having any communication whatsoever with the alleged victim in a case.
We always advise defendants to speak with their attorney and make sure that they understand completely what the judge has ordered them to do and whether or not they have been ordered to have no contact with the complainant. If you have been ordered to have no contact with the complainant or the protected party and they keep calling you or texting you, our advice to you is to not respond. Don’t answer their call, don’t respond to that text. If they call you from a blocked number and they catch you on the phone unexpected, respond to them that if they want to have contact with you, to contact your attorney so that your attorney can file a motion in court to modify the conditions of the protective order or the conditions of the bond to allow for contact.
Many of my clients ignore this advice and continue to have contact despite the court’s order. This is bad. This gives the prosecutors leverage. When you have telephone conversations, text message conversation, or Facebook conversations, it creates a permanent trail of your violation of the protective order. If you continue to violate the protective order not only may it result in a new criminal charge, but this is also something that the prosecutors will use to get leverage in your case. Usually, before a case gets headed to trial, when a defendant has been out on bond for months or even years, the prosecutors at that point will begin their investigations in whether or not you have violated your protective order and have been having communications against the court’s orders.
If prosecutors find that you have violated your bond conditions or protective order, they will file a motion with the court to have your bond revoked and you may be incarcerated until your trial. Once you get locked up, it takes away the privileges that you have in your freedom and the power to be able to assist in your own defense while you are out in the free world. You give them leverage over you and your case when you violate the protective order or you violate the no-contact order. That is why we always advise our clients that if you have been ordered not to have any contact with the protected party or if you’ve been ordered not to have any contact with the alleged victim or the complainant, whether it’s a condition of your protective order or just a condition of your bond, to follow that order; and if the complainant continues to reach out to you direct them to our office so we can get them to come into our office, sign a sworn statement or an affidavit stating that they want the condition dropped, and then approach the court with a request to modify the conditions.
Sometimes, the judge will grant it simply a bond modification upon our properly documented request but the judge almost always wants to get the input from the prosecutors. When the judges reach out to the prosecutors for their input, they are only going to give their input after they speak with the complainant. This is an opportunity for things to go good or things to go poorly. If the complainant makes contact with the prosecutors and confirms the original allegations, this can be damaging to a case. If, on the other hand, the complainant is ready to retract their statement or denies the veracity of the allegations, this can be helpful in the quick and positive resolution of the case. These are complicated issues which we advise you to only navigate with the help and experience of a trained criminal defense attorney.
For more information on Violation Of Protective Order and Domestic Violence Cases, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 601-0009 today.
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