Q: Can I be arrested for violating a criminal no contact order if I'm the protected/ victim and let them in my house.
My wife was arrested and charged with 3 different DV charges. She plead to 1 and the DA dropped the other 2. The judge put in place a 5yr criminal no contact order. The other night she came over after being at the casino all night and she was clearly drunk and high on something. She told me she took a xanax bar and had been drinking. I let her inside to sleep it off because I didn't want her driving like that. The next morning she was fine for a few minutes but quickly steared the conversation to a topic of contention and began to get belligerent with me. I asked her to leave which she refused to do but I was able to get her out the door and turn the deadbolt. She began kicking my door violently and then punched my kitchen window breaking it and sending glass everywhere. The whole thing was caught on video from my security camera. I called 911 and 11hrs later the cops showed up. The cops said if they were going to arrest her then they would have to arrest me too because I let her in.
A:
To properly evaluate any legal question a lawyer needs a thorough summary of the facts. What you have shared is not much. If you are not clear then the lawyer will no doubt be challenged to give an accurate answer.
It is the same as using the adage for using a computer... “JUNK IN, JUNK OUT”.
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i am not sure the cops are right but even if they are wrong if they arrest you it would do you not good having been in custody already.
you may want to retain a lawyer to talk to them about filing on her and not you
A: Yes! You absolutely can be arrested. While the victim may choose not to follow the restraining order, this is no defense to violating it. If the police discover she was in your home- even if she pursued you- YOU are the one who will be arrested. Stay away from her at all costs. If she contacts you again by going to your home, next time call the police.
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