The person the state intends to protect under the protection order; not the defendant and not restrained from contacting the other person.
“A lot of the times we see things happening from one drunk incident or someone having some kind of episode, that has nothing to do with them as a person, it's just a one time thing. And the spouse will call the police because they're scared or worried or whatever it is, but then the spouse didn't want their husband to be put in jail. The problem is, is because the courts are now involved. It's basically out of her hands that she cannot change the fact that it's charged. But if the husband contacts her, she can report that and say this is a violation, you can report it to law enforcement, you can report it to the DEA to the judge, and you can be charged if you're the husband in this scenario. But if she is continually texting him, there's nothing illegal about that. She can text, she can call she can follow, she can do whatever she wants to do, because she's not the protected, or the person who is restrained from talking to the other person. She's the protected party. She's not the defendant.”
Alexis explains: "A lot of the times we see things happening from one drunk incident or someone having some kind of episode, that has nothing to do with them as a person, it's just a one time thing. And the spouse will call the police because they're scared or worried or whatever it is, but then the spouse didn't want their husband to be put in jail. The problem is, is because the courts are now involved. It's basically out of her hands that she cannot change the fact that it's charged. But if the husband contacts her, she can report that and say this is a violation, you can report it to law enforcement, you can report it to the DEA to the judge, and you can be charged if you're the husband in this scenario. But if she is continually texting him, there's nothing illegal about that. She can text, she can call she can follow, she can do whatever she wants to do, because she's not the protected, or the person who is restrained from talking to the other person. She's the protected party. She's not the defendant."
Answered by Alexis Austin Litle · Watch clip ↗Each answer links directly to the source where a Right Law Group attorney addressed this question.
1 answers grounded in Right Law Group sources
Got into a DV case because of an ex I let back in the home and made my life very hard
he fought hard for me
they dismissed the whole case
their belief of my side and story and their knowledge in the legal system they were able to get my case dismissed
get my case dismissed