If a victim breaks her own protection order will she go to jail at trial

My boyfriend has contacted me and I
texted back he is telling me if I
don’t drop order he showing proof I
broke my own order my question is will
I go to jail at my trial for breaking

Asked on October 2, 2017 under Family Law, Arkansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you cannot go to jail for breaking your own protection order: the order (presumably; the standard order, that is) ordered *him* not contact you, but did not restrict you from contacting him--that is you were not bound by the order and so did not break its terms.
If this actually a mutual order--it stated that neither of you could contact the other--then you did violate it and could potentially be punished. Of course, since he violated it first (contacted you first), he also could be punished, and he would NOT be allowed to use his own violation to his advantage (i.e. to get child custody).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.