Lincoln, NE asked in Criminal Law and Domestic Violence for Nebraska

Q: If the petitioner contacts the respondent from jail can the respondent be charged for VOP for each phone call made

The conversation on the phone was about their child in common and how to get $15000 to bond the petitioner out of jail which the respondent did

1 Lawyer Answer
Julie Fowler
Julie Fowler
  • Omaha, NE
  • Licensed in Nebraska

A: The protection order is against the respondent, not the petitioner. Thus, the petitioner would not be charged even if they initiated contact to the respondent. The respondent could be charged with a violation of protection order for responding. When determining whether to file the violation of protection order charge or to convict the person for the charge, the county attorney and the Court can take into consideration that the petitioner initiated contact. However, there are cases where a person has been found guilty of violating a protection order for responding to a petitioner as the Judge found that the person violated the judge's order and judges expect their orders to be followed.

If there is a protection order in place against you, don't violate it even if the petitioner initiates contact. You may instead want to look into amending the protection order to at least allow contact regarding a child in common.

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