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Can I Violate a Protective Order if I am the Protected Person?

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  • Can I Violate a Protective Order if I am the Protected Person?

    I live in Texas. I have a Protective order against my husband because he has been violent in the past and he was stalking me after I moved out. I am feeling a lot of pressure from my parents and my lawyer to about the divorce. I think my husband is improving himself, he has abiding by the protective order. He now has supervised visits with our child. I want to be able to work through our divorce amicably. I'm also open to the idea of counseling now since I see he can practice some restraint. He wants me to call him and I want to call him, I want to talk this out. I think that has been a good cooling off period. Can I call him? He is barred from communicating with me. Can I modify the protective order so that we could go to counseling, without losing all my protection just in case he starts being violent or stalking me again?

  • #2
    Re: Can I Violate a Protective Order if I am the Protected Person?

    In order to talk to him again you must file to have the Protective Order rescinded, or terminated.

    If you call him or talk to him with it still in place, he could still be arrested for violating the court order. So it's best to get the order lifted.

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    • #3
      Re: Can I Violate a Protective Order if I am the Protected Person?

      Hello,
      My advice if he was for real violent with you don t give up on the protective order. They never change … once a batterer always a batterer. I have been through the same thing and this will work out for you. Restraining order will protect you and your child. The law is on your side. Attorney can be costly but you need to do what you need to do for your child. If you don t think about yourself at least think for your child. I know there are times when you think the system is worse than the he was with you but this is only because they need to make sure everything is real. THEY NEVER CHANGE. and when i say 'they' i refer to batterer men or women. It is funny how a parent that was violent and was found at fault for domestic violence can obtain custody. It is like it is ok to be abusive with the family… they can still be parents. What kind of values the child will learn? Will end up being either a batterer either the abuser…. YOU NEED TO FIGHT TO STOP THE CHAIN.

      If you need to comunicate with him for the child ask the judge to put a note on the restraining order that you need to have contact with him ' EMAIL ONLY' on the restraining order. don t allow him to contact you via any other methods.. and if he is doing report him. you are probably in the first stage after you realised that he is a batterer which is dennial. if he indeed change you can have the restraining order removed later... IF he changed... he will have to prove himself for a long time.


      A mom that was in the court for 2 years and a 3 months and continues…after wining sole custody for my child, i still need to go to the court.... he is taking me back for all reasons.... he is not abusive with me phisical he is abusive mentally and emotionally through the system. they always find a way to be in control. ALWAYS. I know what you feel, I have times when I want to give up on anything..times when I am asking myself if I should just finish and give up.. but than I wake up in the morning and I see my child smiling at me, happy that she is protected, happy that there is no fight and yelling and pushing and screaming in the house than I know that I need to pray and do whatever takes to protect her.

      Stay well, I am praying for all people in the same situation (women and men).

      Comment


      • #4
        Re: Can I Violate a Protective Order if I am the Protected Person?

        Personally, I suggest you keep the protective order intact.

        But if you're really sure that you want to do it, you can ask your lawyer to have the protected order be lifted or terminated so you can communicate with him without violating any proceedings.

        Comment


        • #5
          Re: Can I Violate a Protective Order if I am the Protected Person?

          When the protective order is in force you have no right to violate the same. If you try to talk with him, automatically will amount to violation of the existing protective order. If you violate the existing order, you will be answerable to contempt of court. It seems that either you have to terminate the order or to get the order modified. But remember, if you are that much confident then alone go for terminating/modifying a protective order because a protective order is a shield for you and your kid. It is better advised that you may consult with your Attorney before taking any legal steps.

          Comment


          • #6
            Re: Can I Violate a Protective Order if I am the Protected Person?

            Lexus,
            Are you sure the applicant can be found in contempt of court? I thought in Texas it was only one way enforced. Enforced on the respondent...if I am wrong tell me.

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            • #7
              Re: Can I Violate a Protective Order if I am the Protected Person?

              I have a court order that says my ex bf cannot come within 100 yards of me.
              If I stay at his house for an evening, does that mean "I" violate the order?
              If I go there is HE violating the order if I come within 100 yards of him--not vice versa.

              Comment


              • #8
                Re: Can I Violate a Protective Order if I am the Protected Person?

                Yep. he is in violation. It will likely be thrown out by the court once you violate it. Further the court might hold you in contempt.
                Due to a recent promotion, I should now be referred to as Major Obvious.

                I would not be trying to provide information and knowledge if I did not sympathize.

                Some days it is just not worth chewing through the restraints to face life.

                Comment


                • #9
                  Re: Can I Violate a Protective Order if I am the Protected Person?

                  I was just held in contempt and fimed 150 dollars for calling and texting the abuser after an order was granted but the order never really said I cannot call, it talked about restrictions on the "abuser" not me.

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                  • #10
                    Re: Can I Violate a Protective Order if I am the Protected Person?

                    Originally posted by Unregistered View Post
                    I was just held in contempt and fimed 150 dollars for calling and texting the abuser after an order was granted but the order never really said I cannot call, it talked about restrictions on the "abuser" not me.
                    Another useless comment on a 9 year old thread.

                    Comment


                    • #11
                      Re: Can I Violate a Protective Order if I am the Protected Person?

                      Originally posted by Highwayman View Post
                      Another useless comment on a 9 year old thread.
                      Another useless comment

                      Comment

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