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I was served with an order of protection. Can I talk with the plaintiff if they are calling me?

Posted by Michael G. Butash | Aug 11, 2017 | 0 Comments

I was served with an order of protection. Can I talk with the plaintiff if they are calling me?

If you were served with an order of protection or a domestic violence injunction, and the plaintiff calls you, you absolutely may not talk to them. Do not answer the phone. It is not against the law for them to contact you. It is against the law for you to contact them. If you answer the phone and communicate with them, you can be charged with a crime and sentenced to up to a year in jail. It is important, however, if the petitioner is contacting you, that you document it, you let your attorney know, and you keep any records that you can to show that the person contacted you by telephone, by text, or whatever else. Because they have the burden in the final hearing, the trial, to prove that they are afraid of you or there's an imminent fear of harm. If they're contacting you, they're going to have a difficult time proving that they're afraid of you.

About the Author

Michael G. Butash

Michael G. Butash Stetson University College of Law Florida State University Former State Prosecutor Mike grew up in the Tampa Bay area and graduated from Stetson University College of Law in 1997. He was immediately hired as an Assistant State Attorney for the 6th Judicial Circuit (Pinellas/...

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