What Happens If I Violate My Own Order of Protection?

Question from Nick, What Happens If I Violate My Own Order of Protection?

Answer from AI:

If your guardian has obtained an order of protection (OP) on your behalf against someone else, it’s important to understand the implications of that order for both you and the person it’s against. An order of protection, also known as a restraining order, is a legal document issued by a court to protect individuals from harassment, abuse, stalking, or threats by another person.

Consequences for the Protected Person

• Legal Implications: Generally, the person who the order of protection is against (the respondent) is the one legally bound by the order. If you, as the protected person, initiate contact with the respondent, you are not typically in violation of the law. However, this can complicate the situation.
• Impact on the Order’s Enforcement: If you reach out to the respondent, it may undermine the order’s credibility. The court or law enforcement may view the situation as less serious or question the need for continued protection if you appear to be seeking contact with the respondent.
• Future Legal Proceedings: Should you need to enforce the order of protection or seek legal action in the future, your actions could be used against you to argue that the threat is not credible or that the order is no longer necessary.

Consequences for the Respondent

• Legal Risks: Even if you initiate contact, the respondent is still at risk of legal consequences if they respond. The order of protection is against them, and they are required to comply with it regardless of your actions.
• Potential for Arrest: If the respondent communicates with you after you’ve reached out, they could be arrested for violating the order of protection.
• Criminal Charges: Violating an order of protection is a criminal offense and can lead to charges, fines, and even jail time for the respondent.

Recommendations

• Consult a Legal Professional: If you are considering contacting the person you have an order of protection against, it’s crucial to speak with a lawyer first. They can advise you on the potential legal ramifications and the best course of action.
• Modify or Dismiss the Order: If your circumstances have changed and you no longer believe the order of protection is necessary, you can seek legal advice on how to modify or dismiss the order through the court system.
• Self-Help Resources: Look into resources provided by local courts or legal aid organizations for guidance on handling orders of protection.

It’s important to remember that the laws and procedures regarding orders of protection can vary by state, so the specific steps and consequences may differ depending on where you live. For more information on orders of protection and how they work, you can visit the U.S. government’s page on stopping violence against women, which provides resources and guidance on this topic.

In summary, while you as the protected person are not legally bound by the order of protection, initiating contact with the respondent can have unintended consequences for both you and the respondent. It’s always best to seek legal advice before taking any action that could affect the order’s validity or enforcement.