Breaking the Order, Breaking the Law
Video Transcript: Can I be arrested if I answer the phone, and if she’s called me and I answer the phone and I’m under a protective order? My name is Brian L. Jackson. I am an Oklahoma attorney with Wirth Law Office.
I want to talk to you today a little bit about violation of a protective order and some of the stuff that could get you charged. So the short answer to the opening question, yeah, you could be. I mean, one of the messed up things about the way the law works is if you are a plaintiff on a protective order, you can’t violate your own order. But the defendant, even if you are violating it first, can still get charged with a crime for violation if they reciprocate.
So, guys, let me paint this really clear for you. If you get served with a protective order and she texts you, she calls you, she comes to your house, you cannot respond. That doesn’t negate the protective order, and it’s not a defense in criminal court. And I will tell you, in Tulsa County, they will prosecute that case. Absolutely. It happens a lot. And there are women who will deliberately contact the guy to set him up for that. So the answer is don’t respond. Don’t respond at all.
Because if you do, you’ve now committed a criminal misdemeanor. Doesn’t matter what she did. And if you do have that situation, you need to talk to a lawyer immediately and they can advise you more specifically as to what to do about a given situation. But do not respond. Because if you do, you’re committing a crime and you can be charged.
If you have questions about that, I would encourage you to go to makelaweasy.com to speak with a Tulsa protective order lawyer and we’ll help you out.