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When is a plaintiff of an order of protection in violation of the order of protection?
Wiki User
∙ 13y ago
Never. Only the restrained person can be in violation. The order of protection does not protect the restrained person.
Another View: The above is not necessarily true in all instances. In some states the plaintiff may also be held in contempt of the order if the plaintiff uses the order as a 'weapon' to bully the respondant by either inventing circumstances or purposely placing themselves in situations where the respondant must flee or leave a location in order to avoid being found in violation of the "distance rule" or whatever restriction the plaintiff is trying to use to harass them.
Wiki User
∙ 13y ago
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What can you do if the plaintiff violates a protective order?
There is not order against the plaintiff.. the plaintiff is the person who filed the order, he or she is not in violation of an order that they placed. Only the defendant can be in violation as the courts have ordered that person to have no contact with the plaintiff not vice versa.Another View: The Plaintiff MAY, in fact, be in violation of the court's order. If the respondant was ordered to maintain a certain distance from the plaintiff, or stay away from the plaintiff's residence and place of work, or was ordered not to have any contact with the plaintiff,. . . AND THEN. . . the plaintiff wilfully violates the same order they petitioned for, the court can find them in violation of the order and they are in contempt of court.
What happens when Plaintiff contacts you during a no contact order?
If a Plaintiff contacts you during a no-contact order, you should not respond and avoid engaging with them in any way. Any communication should be reported to your attorney or the court overseeing the no-contact order so they can take appropriate action to ensure the terms of the order are upheld. Violating a no-contact order can have legal consequences, so it's important to follow the terms of the order strictly.
How many people get jail time for violation of protection orders?
Most of them. An order of protection is a court order, and to violate it is criminal contempt of court.
What usually happens when you go to court over a order of protection do you usually get jail time if you plead guilty?
Yes, Violation of a Protection Order is a violation of a court order. Although the question doesn't say so, Protection Orders are usually issued in Domestic Violence cases. In all likliehood, you will draw some jail time.
Violating an order cause the plaintiff keeps contacting you?
If the individual that has the restraining order against them persists in contacting you advise either the Police or Sheriff's Department, then return to the court that issued it and advise the judge of the violation.
Will an order of protection violate someone on parole?
If the Order of Protection was put in place as part of your sentence or condition of parole, no the existence of the actual order does not constitute a violation. If you have done something to warrant the issuance of a PPO, or if you have done something to violate an existing one, then yes, this would constitute a violation and you could be returned to prison for such.
What is penal code 273.6?
Penal Code 273. 6 is a California state code that has to do with the violation of a restraining order. An order of protection or restraining order is an order to stay away from, and do not contact order, granted by a court.
Was served a restraining order but the plaintiff calls me?
Do not make contact! The other person broke the restrain order. Not you. But if YOU make contact YOU broke the order and can be charged with a misdemeanor. Added: Maintain records of any calls from the plaintiff. You could use them against the plaintiff at trial.
What is a deliberate violation of the order of a judge?
A deliberate violation of a judge's order is known as contempt of court. This can include actions such as disobeying a court order, disrupting court proceedings, or showing disrespect towards the judge. Contempt of court can result in penalties such as fines, imprisonment, or other sanctions.
What happens to an interim order when the plaintiff dies and right to sue survives?
The executor of the estate will usually be substituted in as the plaintiff.
Is attempted contact in a legal no contact order a violation of probation?
Yes, that would be a violation of a court order which WOULD constitute a probation violation.
What is a federal question case?
A federal question case takes place when the alleged plaintiff is charged with a violation against the United States Constitution. It can also a violation against federal law or a treaty which the United States is party to.
