Criminal Defense Q&A: Will I Violate My Restraining Order if I Respond to My Ex on Social Media?
Question:
Can you violate a restraining order if it’s the victim who contacting you? That person keeps bugging me throughout social media and passing by my apartment.
Answer:
Ignore the person and, if possible, block the person from your social media account(s). If you are the subject of a restraining order, then you may not contact an alleged victim even if the alleged victim invites you to contact him or her.
Contacting an alleged victim while a restraining order is in effect is a violation — even if he or she invites you to contact him or her. This is because only the Court can modify a restraining order, not the alleged victim. See Penal Code §13710(b).
Continue reading criminal defense attorney Michael J. Ocampo’s answer at Avvo: Can you violate a restraining order if it’s the victim who contacting you?
Attorney Michael J. Ocampo is a former deputy district attorney. He focuses his practice exclusively on criminal law so that he can help those accused of a crime — often ordinary, everyday people — ensure that their rights are honored and that they receive a fair opportunity to be heard.
