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

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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
order

Asked on October 2, 2017 under Family Law, Arkansas

Answers:

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).


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