Quite frequently clients will call and ask “Can the person with a protective order against me, contact me? Or “I have bond condition that says that I cannot contact the “protected” party, however, they keep calling me.” Our client’s wonder if the “protected” party is contact me, does that mean we can start communicating? Or, will the “protected” party who is not following the no contact order get in trouble for contacting me?
First, if the protected party is calling or reaching out to the other side that does not mean the order is null and void and communication can commence. Of course it is extremely strong evidence that the protected party is not afraid for their safety. However, the only way the communication can continue is if the Judge amends the order to allow for it. Secondly, the party with whom the Order protects is not supposed to contact the other party. However, that being said, it happens all the time. Although the courts do not take kindly to the “protected” party making contact; there are technically no ramifications or laws that will be broken if the protected person does in fact make contact. On the other hand, if the person with whom the order is against accepts that contact and communicates with the “protected” party, the person with whom the order is against is facing a potential felony charge of aggravated stalking. We have clients all the time that tell us that there is no way the “protected” party will report them or testify against them, however, all it takes is one phone call to the police and a felony warrant can be taken out. The court means business when it comes to these no contact orders and when they are broken it makes it very difficult to convince a Judge that next time the parties will respect and follow the Court’s Order. Remember, it is not a defense to say the “protected” party called me first!
Our advice is let us handle it! Call us the first time the protected party makes contact with you. Let us put the prosecutor on notice so that everyone is on the same page. We deal with these situations every day and are very comfortable with speaking to prosecutors and judges about amending orders to allow contact. Let us take care of it before you are calling with a new felony case of aggravated stalking.
If you are dealing with a Protective Order, contact us today for a free consultation: (770) 945-2320