If I had a order of protection against me and the person who filed for it sent me a e-mail and I replied, can I be charged for violating the order?

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If I had a order of protection against me and the person who filed for it sent me a e-mail and I replied, can I be charged for violating the order?

The deputy said that she can contact me and that doesn’t break the order. Is this true?

Asked on July 17, 2012 under Criminal Law, Missouri

Answers:

Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 9 years ago | Contributor

You indicated that a protective order was issued against you which prohibited you from contacting the victim.  Nevertheless, the victim sent you an e-mail to which you responded.  Your question is whether you can be charged for violating the protective order.  The answer is YES!  The protective order is not issued against the victim.  Any contact directly or indirectly initiated by you to the victim in the case is a violation of the court order.  If the victim informs the authorities that you contacted him/her, you could be arrested and charged with the felony offense of aggravated stalking for which you could be incarcerated without a bond. It is not uncommon for victims who have applied for and received a temporary protective order (TPO) to contact the other party, and once they become upset, contact the authorities to have the person arrested for violation of the protective order.  Accordingly, during the term of the protective order, you should never communicate or contact the other party.


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