Legal Question in Family Law in Maryland
violation of a protective order
I had a protective order placed on an ex in november. In feb. he violated the order and I filed criminal charges. He had warrants for his arrest from different charges and then from the violation he had a warrant. He turned himself in. While he was in jail he sent me a letter, I responded. He sent me a second letter i didn't respond to. at the hearing for the violation can this change the judges decision on the violation in Feb, since I responded to a letter in April while he's in jail?
2 Answers from Attorneys
Re: violation of a protective order
No, the february violation is separate from his most recent violations. If your protective order prohibits any contact, make sure to tell the judge that he has contacted you two additional times. Each time he contacts it is a violation of your protective order. You may file criminal charges for each separate contact.
Re: violation of a protective order
When he was served with the order, he had notice that he was not to contact you. Therefore, each contact that he makes with you does violate the order and he could be charged separately for the subsequent contact.
HOWEVER, its best that you not respond. I personally know judges who would not view you as a credible witness if you are responding to his letter. But, all in all, it should not change the result.
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