Orders of Protection Info You Need to Know
Once there is a stay away order of protection against you, no one can change it except for a Judge in the Court that issued it. So, if there is an order of protection against you, a signed agreement between you and the other person and/or between your respective lawyers that something, even to appear for a deposition, would not constitute a violation is not legally binding. You can still be arrested, although it is most likely that the violation would be dismissed, why risk arrest? Your divorce judge can transfer and consolidate the order of protection into the divorce and then amend it to permit the appearance at the deposition.
If there is a stay away order of protection against you and you spend the night with the person it protects, that person can call the police the next day even if that person came to your house. If that person came to your house, once again, you can still be arrested, although it is most likely that the violation would be dismissed, why risk arrest? But, if you went to the protected person’s house, then the violation probably may not be dismissed.
If there is an order of protection against you that restrains communications, delete that person from your cell phone. Accidental “ass dialing” will get you arrested.
If there is a refrain from order of protection against you, unless you live with the protected person or have children together, do not speak to or go near that person. Just a little change in the wind and a phone call to 911 and you are in hand cuffs. You could have just had the best dinner date followed by the best sex with that person, but you disagreed with something or looked at the person strangely, and then you’re in handcuffs, and I do not mean the consensual ones.
If the protected person lied in his or her petition to obtain the order of protection against you, then expect that person to lie to violate you and see you arrested. Keep a detailed diary of everywhere you go and who else is there. Pay for everything by credit card and or debit card to have a date and time stamped receipt. Protect yourself from the protected person, because too often the order of protection is a weapon and not protection.