Can the protected person in a Restraining or Protective order be prosecuted for violation of the order?
Is it true that I would go to jail if I call or meet with the abuser when there is a protective order?
How about 3rd Parties?
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- If it says no communication, you should not call or talk to the abuser.
- You should not have family members or friends give messages to the abuser.
- Communication should be through your lawyer.
- You could be charged with the crime of aiding and abetting a contempt of court if you contact the abuser in violation of a protective order.
- You could have to serve time in jail if you were convicted of aiding and abetting a contempt of court. iowa legal aid.org
Only one state prohibits victim (protected person) from getting busted for their own order (Battered Women’s Justice Project pdf with bookmarks)
Aiding and Abetting (Defined)
A person may be guilty of a crime in two ways. One, he or she may have directly committed the crime. I will call that person the perpetrator. Two, he or she may have aided and abetted a perpetrator, who directly committed the crime. A person is guilty of a crime whether he or she committed it personally or aided and abetted the perpetrator.
To prove that the defendant is guilty of a crime based on aiding and abetting that crime, the People must prove that:
1. The perpetrator committed the crime; 2. The defendant knew that the perpetrator intended to commit the crime; 3. Before or during the commission of the crime, the defendant intended to aid and abet the perpetrator in committing the crime; AND 4. The defendant’s words or conduct did in fact aid and abet the perpetrator’s commission of the crime. Someone aids and abets a crime if he or she knows of the perpetrator’s unlawful purpose and he or she specifically intends to, and does in fact, aid, facilitate, promote, encourage, or instigate the perpetrator’s commission of that crime. aid.abetting.jury.instruction
Violation of Court Order
Jury Instruction – 11 Pages pdf
Civil Contempt of Court
can be prosecuted under California CCP 1209. (a) The following acts or omissions in respect to a court of justice, or proceedings therein, are contempt’s of the authority of the court:
(5) Disobedience of any lawful judgment, order, or process of the court. Code of Civil Procedure 1209-1222 pdf with bookmarks
PEOPLE v. MAYBERRY
Judges guide protective_orders 145 Pages
Family Law contempt form #fl410 order to show cause – affidavit for contempt
How to Enforce a Restraining Order – abuse_self help file civil contempt
Explanation of Personal Jurisdiction – power of court to decide a case
Sample Complaint – Points & Authorities in support of motion for contempt
Attorney Explanation of Court’s contempt power to punish disobedience of court orders by Geoffrey L. Bryan, Esq.
Tips and Tools to Address Violation of DVROs Domestic Violence Restraining Orders 56 pages with bookmarks
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