What if the protective order petitioner initiates contact with the respondent?
A protective order does not prohibit the petitioner from contacting the respondent. If the petitioner contacts the respondent, the petitioner is not in violation of the protective order (as long as he or she is not a respondent in another case). Contact initiated by the petitioner also does not nullify or void the protective order. However, by contacting the respondent, the petitioner may make it more difficult to prosecute violations of the order. It may also decrease the petitioner’s chances of receiving a protective order against the same person in the future.
What a crock of chit ?
HTF can a court grant a protective order based on "fear "by the petitioner, yet turn the other way when she contacts YOU ?
This is a bullshit protective order law, if ever I saw one.
This is exactly the type of legal tyranny the founding fathers of our country tried to escape from in England!
Chit, why dont we just bring back "witch craft trials", and be done with it ?
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I disagree with this "law". I view it as extremely stereotypical and unconstitutional. The order should be against all parties not just the respondent. There are too many people taking advantage of their "petitioner" role and using it to control the respondent in cases where both parties had a previous romantic relationship and /or children. For example: My brother was always being abused by his girlfriend at the time. She was always hitting him kicking him slapping him when he had the baby in his arms. And the one day that he defends himself by hitting her back to get her off from hitting him in public, he is the one having to deal with being arrested, serving jail time, the order of protection and charges and not being able to have visitation rights with his son. She was never penalized even though she was guilty as much as he was. What is more disturbing is that the cops who arrested him at the time had witnessed her abusing him and said and did nothing to her. It's so disturbing how the law and judicial branch work in favor for women against men. The person who ends up suffering the most is my baby nephew.
ReplyDeleteI TOTALLY AGREE. In Pinellas County, it appears to be one sided. Anyone can go tell the police that someone is stalking them and the party will get arrested. Then to top it off, The restraining order is only directed to the one that was arrested. I think that if a restraining order is issued, all parties should keep from any type of contact. NO QUESTION AT ALL
DeleteI Agree, This is definently one law that needs to be re-evaluated and amendments made to it.
DeleteI agree too. This is what is happening to me. My wife leaves our home. I try for 147 days to get her to work on our marriage. She gets pissed and starts hitting me in the face. I try and stop her by grabbing her wrists. She gets a , mark on one of them. A neighbor calls the police. I have cuts on my face and arm. She cries and I go to jail. Two days ago my phone rings and its her telling me how much she misses me and has dreams about me every night. She called me a total of 3 times that day. I am walking on egg shells because I have no record and I am a firefighter and I dont want any more trouble. So why can she legally call me when I have a no contact order ? That is absolutely horse shit !!! I understsnd why these laws were written, but every case is not the same.She should of been arrested too ! I tell my attorney I want to press charges and he tells me they won't file any on her. My god, how can the legal system call them selves fair ?!!!
DeleteThat's my neighbors but they come in my yard and her husband flips me off yelling profanity to me and my husband
DeleteI agree my husband lied to the cops and the judge about shit swearing i done it to him and hes the one that done it to me. The cop i talked to said he believed me he could see the lies in my husbands face. If course i mentioned my husbands a cross dresser and hid it from me our entire marriage cheated on me while i was laying in icu with liver failurw they still sided with him. Then the same night it was issued as an emergency dvp he had me come home and i have been here since. I think it should void the dvp and the way he cusses me and still lying to me i am going to use it against him in divorce.
DeleteIt's pretty amazing reading all of these responses and realizing that this is just crazy everywhere. Boyfriend came home drunk. Attacked me and then my dog. After all was said and done, police came to my work the next day and just arrested me. Kept me in jail for 4 months before I was bonded out. Never been to jail and no record. Came to my friends place and took the dog while I was in jail. Then posted a bunch of horrible things on Facebook that have run through the rumor mill of the small town i live in. All while constantly looking over my shoulder, trying not to run in to him, for fear of violation. How is this right?
DeleteI AGREE WITH THEM, I ACTUALLY HAVE A RESTRAINING ORDER AGAINST MY EX BECAUSE OF DOMESTIC VIOLENCE. HIS NEW GIRLFRIEND HAS ONE AGAINST ME WITH FALSE ALLEGATIONS I PROVED 2 OUT OF THE 4 INCIDENTS IN HER TRO WASN'T TRUE YET THEY GRANTED IT TO HER BECAUSE I DIDN'T PROVE MORE THAN 51%. THUS, SHE WAS GRANTED HERS. I TRIED TO GO DOWN TO FILE ONE AGAINST HER FOR 6 DIFFERENT INCIDENTS OF PYSCOLOGICAL ABUSE & VERBAL ABUSE EVEN THREATS OF HER HAVING PEOPLE TO COME & BEAT ME UP & WAS DENIED BY THE JUDGE THAT GRANTED HERS. 1DAY BEFORE & THE REASON I COULDN'T GO DOWN WAS I HAD NO BABY SITTER. THE COURT & THE CLERKS WERE ALL TRYING TO HELP ME AFTER SHE WAS GRANTED BECAUSE THEY WERE FAMILIAR W/ THE SITUATION. WELL, LIKE THE 1ST PERSON SAID SHE CLAIMED IN ONE THAT "IM GOING TO KILL HER!" YET, TONIGHT SHE SHOWS UP @ MY APARTMENTS W/IN 100YARDS OF MY HOME. WHAT IS THAT? I DON'T HAVE NO INFORMATION ON HER OR WANT TO. I ONLY HAVE MY EX'S PHONE # IN REGARDS TO OUR KIDS. YET, SHE COPIED ALL MY INFORMATION FROM HIS COPY OF MY TRO AGAINST HIM. SHE MADE THIS TRO RIGHT BEFORE OUR CUSTODY CASE & AFTER HE WENT TO JAIL FOR 8VIOLATIONS OF HIS TRO.
ReplyDeleteI LEAVE EVERY WEEKEND TO GO TO ANOTHER TOWN JUST SO I DON'T RUN INTO THEM & RETURN EVERY SUNDAY NIGHT SO THAT THE KIDS CAN GO TO SCHOOL M-F. I DON'T SHOP @ THE SAME GROCERY STORES THAT I USE TO BECAUSE 1 IS HIS JOB. BUT, WE ARE ALLOWED TO BE IN THE SAME PLACE JUST NO INFORMATION ABOUT ME IS TO BE ASKED BY HIM. I DON'T KNOW WHERE THEY LIVE, WHERE SHE WORKS, HER #, THEIR HOUSE # OR IF THEY EVEN HAVE ONE ETC. I DON'T EVEN GO TO THE TOWN THAT THEY SUPPOSEDLY LIVE IN.
SO WHAT HAPPENS TO THE INNOCENT PEOPLE? IF THEIR GOING TO VIOLATE THEN THERE SHOULD BE PUNISHMENT FOR THEM. IF THE RESPONDENT GOES TO JAIL FOR VIOLATION THE PETITIONER SHOULD ALSO. BECAUSE SOME ALLEGATIONS ARE REALLY OUTRAGEOUS & IF THEY REALLY FEEL THAT WAY OR THAT REALLY HAPPENED THEN WHY ARE THEY CONTACTING THE RESPONDENT & THEN WHEN THEY GET MAD REPORT THE RESPONDENTS VIOLATION IN RESPONSE TO THEIR CONTACTING THEM BECAUSE THEIR ANGRY OR RETALIATION. THAT'S JUST WRONG & UNJUST!
I know I'm very late but I have to agree with you. My ex is doing the same to me now, I had a prior order of protection against him. I dropped it because I am currently expecting his child, and I felt bad because I thought of what would be in the best interest of the child. Which was to rekindle the relationship with the father. So I dropped it. Our relationship was HECTIC. I would be screamed at for the smallest things, pushed, grabbed, intimidated by getting in my face, screaming at me everyday, calling me a bitch, a slut a whore. He cheated on me, I found out about it and I ended up getting into a fight with the girl. We both got arrested, and they dismissed the charges. I started threatening him but for GOOD purposes. The girl kept calling my son a bastard, and was saying she was going to stab me. I told his mother, she was ignoring me and blowing up my dad's cellphone. I have the voicemails, text messages, and proof that I was a victim of domestic violence. And I have another case against him, for sexual misconduct, I am 16 and he is 19. I will definitely win that because I am expecting for him. I noticed that when he filed was right after I filed charges against him, then he served me after I served him with a paternity petition. What's so crazy to me is that, I never documented some stuff he used to say to me, but he documents what I say to him.
DeleteAnd if he was so scared of me, why did he contact me THREE TIMES over Facebook saying he misses me, and showing up at me and his girlfriend's court date? And why on Earth is he asking my friend's about me? And why did he have sex with me a week and a half before filing this bogus order of protection against me? And why is he telling my friends to call him so he can badmouth me because my friends are highly upset that he would file an order of protection against me. I am a little worried, he accused me of five things which two are true but kinda over exaggerated. But, I have proof I am a honor student, I have a job, I have no record, and that most of this is a lie. And the ones that are true were for good purposes. Any mother would be upset, and would defend her child. And I have more than enough witnesses to PROVE he bothers me. I have phone records, voice mails, texts and confessions along with a witness. I had to bring a friend who is 18 and over because if not, and they are younger, they'd need parent consent and most of my friend's parents would say not to get involved. My friends did help a lot though. I really hope this goes well, the judge seems really nice. I have more than enough proof that this was out of retaliation, and he admitted to it as well. If this judge gives him this order, then I'm fucked because it'd be hard for me to contact him because we have a baby together and he does drugs so if he sees the baby without me present then I fear for the safety of the child. I don't even want them to have supervised visits without me being present. I trust no one with my child but me.
There is a thing called battered wife syndrome where the protected one will contact the respondent because of the past . She misses him. She loves him. She is so brainwashed by the abuse that it's very common.
DeleteIts the most unjust law we have-- you need to get at the root cause of the problem. The violence against women act is the reason for the abuse of the protection orders which lead to all this. Sign the form to repeal and change the wording in the act.It is really a joke having to go thru all of the issues with the courts. You may have done nothing wrong and know it in your heart- but they dont care.
ReplyDeleteVAWA Must Be Rewritten
http://www.eagleforum.org/column/2011/july11/11-07-15.html#.Tv
I fully agree this law needs to be reviewed and changed. I understand why it was inacted but for some reason law makers did not research these actions to protect the innocent. To many times people use this law for BS and cloud the court with these protection orders that are unwarrented. No proof of any actions they are claiming.
ReplyDeleteThe case needs to be fully investigated and if all the elements are there, then do what has to be done. But why penalize someone over an individual that has a history of getting restraining orders.
DeleteThe courts are just a business. Call it job security. The more you seperate the people the easier to control them. Slavery was not abolished It was outsourced.
ReplyDeleteWhat basis of proof do police need if the petitioner says you violated the order? Can the petitioner have you jailed by word alone? If so, what protects the respondent from lies?
ReplyDeleteI FEEL LIKE THIS RESTRAINING ORDER LAW IS BS. I PUT A PROTECTIVE ORDER AGAINST MY EX. HE PUNCHED ME SEVERAL TIMES IN MY ARM & LEFT A HUGE NASTY BRUISE. SOMEHOW SOMEONE GOT IN TOUCH WITH MY DR. & WHEN I WENT FOR MY MONTHLY APPOINTMENT HE ASKED ME ABOUT THE BRUISE ON MY ARM & TOLD ME HE ALREADY KNEW HOW IT GOT THERE. WELL I WAS VERY UPSET & THINKING THERE WAS A DOCTOR PATIENT CONFIDENTIALITY & HE SAID BY LAW THAT HE HAD TO REPORT THIS. I LITERALLY SPENT A HOUR BEGGING HIM NOT TO. & FINALLY HE SAID IF I BROUGHT HIM PROOF THAT I WENT & PUT A RESTRAINING ORDER ON HIM HE WOULD NOT PRESS CHARGES. SO I WENT & GOT THE ORDER. I FEEL LIKE I WAS FORCED TO DO THIS & ALL I WANT NOW IS TO CANCEL THIS STUPID ORDER. IT'S A WASTE OF THE COURTS TIME & ALL IT'S DOING IS CAUSING ME STRESS & MAKING ME UPSET. I NEED SOME KIND OF LEGAL ADVICE. I DO NOT WANT MY EX TO GO TO JAIL OVER THIS. IN THE STATE OF GEORGIA, A VIOLATION OF THIS ORDER CAN CARRY A 20 YEAR SENTENCE. THIS IS NOT WHAT I WANTED AT ALL. I FEEL VICTIMIZED & TAKEN ADVANTAGE OF.
ReplyDeleteMy husband and his ex have been divorced for years and apparently she "missed" him and wanted his attention because she filed a stalking order against him for visiting his friend who is now her neighbor (she stayed in their home). The incompetent judge ruled in her favor even though my husband never made ANY contact with her... If a "person" is truly being stalked, the evidence would be obvious to everyone... taking only her word and bad acting/crying should not be enough for a judge to ruin a man's life. This situation is embarassing and humiliating because that woman is the last person on earth that my husband ever wanted to have any contact with, now we have to worry about seeing her everywhere we go! This law should protect people who are truly threatened by stalkers/predators only!!! Our judicial system is so obsessed with protecting the abusers that they are completely failing to protect the innocent!!!
ReplyDeletemy ex husband is currently dealing with the same situation with his current wife. she took out an order of protection against him claiming she was afraid for her safety. then she began calling and texting him and showed up at my house several times to drop off packages and mail( while he was visiting our son). my ex is currently incarcerated for violating the order of protection. seems to me she should be incarcerated also. i would gladly sign a petition to change the wording of this law.
ReplyDeleteI have an even better one for you: My petitioner managed to get himself 2 mutual no contact orders with me and another one of his ex's. After another of his ex gf's was killed under mysterious circumstances, I petitioned the court to extend our mutual no contact order, and HE CONTESTED IT! He was the original petitioner! What kind of a crock is that?
ReplyDeleteNot true iam a women. Been married to my husband for five years who is controlling and abusive in everyway. Put me fhrough hell for the last several years never went to police or told amyone. He studfed a sock in my mouth and gaged me till I couldn't breathe and broke my ribs in front of our 3 year old daughter. Nfor the second time. I went to police for the first time. I went to ER while I was there he went to police and told them I pulled his hair and chased him and my 3 year old around with a knife. I walked many miles home from hospital. He didn't get arreated and then the next morning kicked me in my ribs and fractured 3 more on the right side. He tried to leave with my daughter but I called police to stop him.there's officer told my huaband the child was.staying. hereand if he had to come back we wohld bot be arrestes well I spent 9 days in jail and while I sas there filed 2 year protection order. Prohibiting me from contact with my 3 year old.
ReplyDeleteThat's not necessarily true. I am a woman has been in an abusive marriage for 5 years. 2 months ago My husband broke my ribs for the second time. He put a sock in my mouth and smothered me till I could not breathe. He did this in front of our 3 year old daughter.
ReplyDeleteI decided I had enough so I went to the police. I told them what happened. and I went to the emergency room. As I was leaving the police station in an ambulance. He walked through the door to the police station. After walking many miles from the hospital I went back home. He was still there the cops had not arrested him. The next day he kicked me in my ribs again. . And leave with our 3 year old daughter. I called the police and they came to our house. . if they came back to our house we would both be arrested. After that he kicked me in my ribs again. I guess the neighbors heard me screaming and call the police. They came back and left the both of us. He got out on bail and I stayed in jail for 9 days. When I got out of jail I went home all my stuff was packed up and on the back porch. Informed me that he went to the court and filed a protection order against me for 3 year old daughter he told the courts that I pull his hair and chased him and the baby with a knife. That of course what's not true. I went to court and try to have it dropped I had messages from him for letting me that he was going to pay me back for leaving him over Christmas. I even had to hospital reports stating that I have fractured ribs and an old healing fracture on my left side that he did on Halloween. They granted his protection order for 2 years. Everyday he tried to get me to come home and break the protection order. I miss my baby very much and even 1 time I went back to the house to visit. He told me by my hair with my purse of my back and took my phones. You tell me I don't want a baby because if I did I would come home it's been almost 2 months now. I ask the court to reopen the case and I'm waiting on a court date. So it's not only the fathers who are Don wrongfully by the court system its mother's like me too also let down by our justice system.
Can a petitioner violate the protective order if she allows her husband to use her phone to send a threatening message to respondent? And states no contact what so ever for 2 yrs
ReplyDeletemy husband has a restraining order on me since Janouary two weeks after he got it hes been txt me and showing up at my girlfriends to drop of money and belongings to me I have all the corasponding txt messages and witnesses that know he came to see me now he keeps just one txt I sent and has me violated three weeks after I sent it I have a mental health illness and I thought he wanted to work things out with our marriage so how is it fair I may go to jail now after he kept txt me first
ReplyDeleteUnfortunately, your husband can contact you as much as he wants, because he has the restraining order against you. But if you contact him, you can and will go to Jail! That is how the restraining order laws work in the USA.
DeleteWhen you go to court, try to bring any witnesses you can to court with you, as well as a printed transcript of the text messages he sent to you during the restraining order. The Judge may become sympathetic, but technically you are still in violation of the protective order for having any contact with him, even if he initiated it.
My ex has an order of protection on me that she lied about in the first place. It was her word against mine and there were no witnesses. Now she filed a complaint that I was following her in my car and driving reckless when in fact I was not even in town. I was arrested on what she said with no witnesses. How can I beat this he said, she said complaint. She also broke the order by contacting me because she broke up with her boyfriend.
ReplyDeleteMy ex has an order of protection on me that she lied about in the first place. It was her word against mine and there were no witnesses. Now she filed a complaint that I was following her in my car and driving reckless when in fact I was not even in town. I was arrested on what she said with no witnesses. How can I beat this he said, she said complaint. She also broke the order by contacting me because she broke up with her boyfriend.
ReplyDeleteI am an active duty member in the military. The system is broken as it gets. I was assaulted by my wife. Cops show up and she gives them a sob story while I have proof of he assault all over me. They basically interrogate me and dismiss everything she did. Now I have a civilian protection order and military protection order against me. I am also facing charges based on her fabricated stories. She has contacted my family multiple times and harassed them then went crying to the prosecutor. I had a visit with my kids that was arranged through a 3rd party and she pulled up to the house as I was coming out and tried to talk to me. How is this in anyway legal? The United States and several other western countries need to get this legal crap in line asap. It is sickening how an individual (usually female) can manipulate the system like this.
ReplyDeleteI filed a restraining order against my sons father and the judge granted me a TRO which I just had him served and escorted out of my home he later on decides to call me and I ignored his call wouldn't that make him in violation of the order and should I report the incident to the police? or should I wait and just document it and present it as evidence in the upcoming court hearing?
ReplyDeleteI filed a restraining order against my sons father the kudge grants me a TRO which I had him served and removed from the property he later on decides to call me isn't that a violation of the order and should I call the police or would I have to wait and just present that as evidence on our upcoming court date
ReplyDeleteOmg!!! I thought I was alone my child's father has an order of protection on me. When I went to court I was in scrubs just getting off work there he was dressed to a "T" with a public defender. Mind you he hasn't helped with our son, checked on him, bought anything, or called to get him. The judge slammed the gavel down on me so fast and didn't give a rats ass either. Mind you together for years actually believe it was done out of spit...but it hurts. Someone you think has your back goes through the extremes to dismiss you the way they did to see you and its cool. When he is upset then it's the order this and that. So now I follow every rule the order states and silence is key because how are you going to see your son due to the order. Also I have never had an issue like this ever so yeah I'll see him here or there.
ReplyDeleteI agree i have a bogus stalking order against me. I cant make contact with her. But she can contact me all day long and nothing. Its a bunch of bs and needs to change. If u file a protection order you shouldnt be allowed to contact the person you have a protection order against.
ReplyDeleteI was removed from my home by a protective order. My wife had hit me and left bruises. I went to file an ex parte. I was brief with my description of what happened and submitted pictures of the bruise, it was denied. my wife had moved out of our home a few days earlier when we had a conversation and she stated that she wanted me to move out so she could move back in. I told her I wouldn't and she responded "Then I will get a restraining order and get you kicked out". Two days later she had fabricated a story accusing he of forcing myself on her in a sexual way and saying "I should knock your f___ing head off". She stated that I had harassed her at work and have dates and times. When we had our hearing it was clear the judge didn't believe het allegation of sexual assault. I had records from my time at with that proved I was at work at the timbers she said I was harassing her. When the nudge asked me acuity the threatening comment I told him that we were in the heat of any arguement, yelling at each other and I couldn't remember what all wad said, but I had no recollection of saying that. He ruled in her favor. Three days later we pull up beside each other in traffic purely by accident. We ever art each other. I turned into our housing addition and pulled up to a stop sign. She drove past our home and pulled up beside me and we started talking. A car pulled up behind me soI asked her if she enjoyed to go to a park in our neighborhood and she agreed. I was sure to arrive first to the park so that she approached me in the park pavilion. We talked for over three hours without incident. We hugged each other several times during the encounter. The next day I had to be escorted by the police to get personal belongings out of the house formerly known as mine. I texted her that morning to see if we could do it without the police being involved, she declined. Now I am sitting in fear wondering if she will use the text against me if she gets angry at me.
ReplyDelete