QUESTION
Can i get in trouble for violating my own restraining order
Asked on Jan 04th, 2016 on Criminal Law - New Jersey
More details to this question:
I am the plaintiff and I have a restrining order against my ex boyfriend. He violated the order and started contacting me however i didnt want to report it because i do not wish to get him in trouble. Recently he offered to pay back for some damages he caused and i responded back to him. We slowly started talking, we met up and kind of tried to work things out. Later we had a disccusion and broke up he refused to pay the money he owes me and kept harrasing me about why i let go of the relationship. I called the local police and he got arrested for violating the restraining order.
2 ANSWERS
Anthony Van Zwaren
Sometimes a person who is subject to a restraining order can be hit with a contempt charge even when the person who first obtained the restraining order first contacts the other party. Contempt is a charge imposed by the state for violating a court order, it is not related to the domestic violence charge in itself. So you will not be in trouble for speaking with him, however, you may be questioned at the hearing as to who initiated the contact. I have told clients who were subject to restraining orders not to answer any phone calls, emails, texts or any communication from the other party no matter whether they initiated the contact or not for precisely that reason.
Answered on Jan 21st, 2016 at 3:03 PM
Criminal Defense Attorney serving Toms River, NJ
at
Edward J. Dimon
Update Your Profile
The devil is in the details. We do these cases everyday and what actually happened is crucial. Did you contact him first ? What was the nature of the contact ? How long did the contact take place ? You will be protected by the Restraining Order and the boyfriend will be arrested until the details indicate this protection should not be in place.
Answered on Jan 06th, 2016 at 4:32 AM