Q: If the victim's name is wrong on a VPO is it legally binding/valid?
On August 12, 2016, my girlfriend at the time/mother of my child whom I had lived with since 2010, filed a protective order against me following an argument. I was served on August 17, 2016 and an EPO was issued. I stayed at a friends house for 2 days and she came and picked me up. I was at home from that day forward. Neither of us went to the court date on August 26 2016, so the VPO was dismissed. On November 16, 2016, she became angry with me again and filed another VPO. An EPO was issued the same day. However, her name is Angelia. The EPO and subsequent VPO read "Angelica". I am wondering if the VPO is legally valid due to the fact that "Angelica" is not her name. Due to this VPO i have been arrested 3x and got a stalking charge. Even though she has voluntarily had me in the home several times since it was issued. I have messages and witnesses that can prove she has begged me to come home as well as driven to pick me up and bring me to the home to move back in. is she in violation?
A: The slight name error is not an issue and will be overlooked as what is called a scrivener's error by the court. What is in place is a Protective order (PO), not a VPO, which stands for Violation of Protective Order. As the person asking for the protective order, she cannot violate the protective order (PO). Only you can violate the protective order. It doesn't matter if she begs you, or picks you up, you are still in violation. The old rule is if she comes walking up to you , run away. With that said, if you have proof that she is inviting you back into the home and wants you to be around her, you have an argument to have the protective order dismissed based on her no longer being in fear of you. Hire an attorney and they can review the facts and see if filing for a dismissal makes sense.
David A. Cincotta agrees with this answer
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