Can He be arrested for calling me when i have a protection order against him?
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Can He be arrested for calling me when i have a protection order against him?
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I have a protection order against my ex boyfriend. We have a baby boy together of 8 months and are currently going through courts for child visitation and support. My ex was ordered not to have any contact with me unless it was a visitation day and it would only be about the baby. So far he hasn't visited the baby if he wants to he calls his lawyer and the lawyer calls me. Recently his been calling me by private numbers and now he called 5 times in one day from his cell phone if i call the police next time he does this can he be arrested.?His also on probation for 2 counts of assault and battery for fighting with a man.
Additional Details
Yes in the order it specifically states he can't call me because he was harassing me constantly. I'm form new york where i got the order but I'm currently visiting Virginia and he lives here in Virginia. His been calling my cell phone. I don't know if he knows I'm in the same state he is less than 2 miles away.
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beverly
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It depends on the specific wording of the protection order as well as whether or not he has been served with the order.
It sounds as if you are saying the order does specifically prohibit him from contacting you in this fashion. As long as he has been served, then it is possible he could be arrested.
Contact the Police Department that has jurisdiction over the area where you are receiving the phone calls - meaning, if you are getting these calls while you are at home, call your local Police Department. Have a copy of the protective order with you to show the officers when they arrive. This copy in most cases needs to be the one that includes the seal of the court and/or the Judge's signature - not just a copy of the papers you filed - because the officers need proof that the order is official. (In many cases these orders will be entered into an automated system that the Police have access to - but having your signed copy is always a good idea.)
In my jurisdiction this would be considered a 'Violation of a Court Order' report. I'm not sure what they might call it where you are but it's likely something quite similar. If there is any reason your order is not valid or that it does not cover the situation you are describing, the officer that responds can explain that to you after reading your copy. |
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Sunshine
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That is probably contempt of court, and he should be going through his attorney. If he called once, the day of a visitation, to verify a pickup time, a judge would probably find that reasonable. However, none of what you stated sounds related to visitation in any way. |
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B G
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yes |
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mkluckhohn
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yes,call the police immediatly--also recommend expanding the conditions of the contact order to have no contact whatsoever-have the courts appy a representative for contact,concerning your child. Id also change your phone no. |
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