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Do orders of protection work differently from state to state?


Smurof
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I have been issued one, but the person seeking the protection from me lives in another state. Since I received this, I've been bullied by him via Facebook, which I wonder is a violation of the law, or do I have to file for one in return so this doesn't continue? If the whole concept is to be entirely away from someone, shouldn't it work both ways? I cannot defend myself or I risk jail time, as responding is considered contact, even if not in person.

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Talk to a lawyer experienced in such matters. You can land in jail if you respond/act based on assumptions . Do not respond or contact. Since a court granted it-temporary or permanent-work through a court. This can end up serious.

 

Depending on state, it is very easy to get one. I think David Letterman got a restraining order slapped against him by a woman who claimed he was reaching out through TV and sending brain waves to control her or some such.

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If someone filed an order of protection against you and is contacting you by WHATEVER method THEY are in violation of the order. If there is still a court date pending, bring evidence of the correspondence to the hearing, almost guaranteed the judge with denial the permanent order.

Speaking from first hand experience from past roommate situations.

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I would imagine that if the other person (the one who got the order of protection against you) is using his phone to contact you and to abuse you in some way there may be state or federal laws that he/she is violating. Of course, you would need to get the police and the States Attorney involved as he/she is violating the law. That would be beside what the Order of Protection exactly said could and could not be done by each party involved. You did not mention whether the judge also ordered the other party to do certain things, one of which could be to have no contact with you.

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I have been issued one, but the person seeking the protection from me lives in another state. Since I received this, I've been bullied by him via Facebook, which I wonder is a violation of the law, or do I have to file for one in return so this doesn't continue? If the whole concept is to be entirely away from someone, shouldn't it work both ways? I cannot defend myself or I risk jail time, as responding is considered contact, even if not in person.

I would definitely not engage with the petitioner - it is a crime to violate the order while it stands. It is probably the best approach to review the order and discuss with an attorney. The scope of the order can depend on whether it was granted in a civil or criminal court and in my experience, much depends on the judge issuing the order and her read of the situation.

 

Do keep copies (electronic and paper) of the interaction on Facebook as evidence but do not engage. Share this with your attorney - it will prove the petitioner's actions and that you did not violate the order by engaging.

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