Someone Has a Protective Order Against Me: Can I Get In Trouble if They Contact Me?

It’s common to hear people ask their Maryland divorce or criminal defense lawyer about their rights if they accidentally violate a protective order. But it’s not uncommon for the person who obtained the restraining order to contact the person against who it was obtained. There can be lots of reasons why someone would want to contact a person who they have a restraining order against, but this can create several legitimate concerns for the individual who is under the order.

At The Law Offices of Todd K. Mohink, P.A., we help people going through divorces, custody battles, and even those who are facing criminal charges. Call or visit us online right away if you need to discuss your case.

What is a Restraining Order?

A restraining order is actually known as a protective order in Maryland. The purpose of a protective order (“PO”) is to create a court-enforcement process for the person who is subject to the PO. In other words, it gives the party seeking it a legal remedy if it is violated. Under Maryland law, protective orders also give a party strategic advantages in child custody and divorce cases, because they can force a person out of the marital home, pending the hearing. This can create many serious inconveniences and even lead a person to lose a job or face severe financial hardship. Therefore, if someone is attempting to get a protective order against you, it’s always best to contact an attorney and discuss options for opposing the petition.

Who is Allowed Contact? 

A protective order restricts a person’s ability to communicate with and contact the person who obtained the order. So, for instance, if a woman obtains a protective order against her ex-husband, it simply means that the order will have specific language telling the ex-husband what he is allowed to do. In many cases, there will be a provision requiring no contact. If this applies to you, then you must take reasonable steps to avoid contact. However, in general, nothing prohibits the woman from contacting her ex-husband. After all, she is not under a protective order.

Can You Get in Trouble if the Other Person is Contacting You?

This is a bit more complicated than it may seem. In general, you cannot initiate contact, but if the individual who obtained the protective order is making contact with you, following you, insisting on communicating with you, or in any other way creating situations where you are unable to avoid that person, you may have grounds for petitioning the court to terminate the PO. After all, in order to obtain the PO, the other individual had to make credible allegations that you presented a threat of physical violence or harm. A skilled attorney may be able to help you show the judge that such allegations were fraudulent. After all, people who have true fears of harm do not contact their attackers and seek out injury.

Call an Attorney Today

Call The Law Offices of Todd K. Mohink, P.A. in Maryland today to speak with an attorney who can advise you on both the divorce and custody implications of a protective order, as well as potential criminal violations you could face. Never try to resolve a protective order dispute on your own.

Resource:

courts.state.md.us/legalhelp/domesticviolence

https://www.marylandlawhelp.com/top-4-reasons-people-put-off-divorce/