Los Angeles, CA asked in Family Law and Civil Rights for Texas

Q: Does this violate a protective order?

If I report someone to the police for trying to harm my pet and they have a protective order against me, is this considered a violation to the protective order? I'm sure they are going to deny it and say I'm harassing them but they shouldn't be able to get away with things because of this protective order. I filed in civil court & was told it was a criminal matter. If the police feel there's not enough evidence against them, is it then considered a violation or the protective order?

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2 Lawyer Answers

A: In general, reporting someone to police for trying to harm your pet would not violate the terms of a typical protective order. Usually, a protective order prohibits from contacting another person or going within a specific distance of that person's home, place of employment, or somewhere you know that person to be. There's not typically anything in a protective order that prevents you from reporting criminal conduct to police.

Making a false report to police, on the other hand, might itself be a crime and might give rise to a civil claim by that person against you. If you reported someone for trying to harm your pet, I assume you personally witnessed the acts or recorded them; otherwise, how do you know it happened? If you personally witnessed the acts, you need to be conscious of where the acts occurred. Did they occur near that person's home or place of employment--somewhere the protective order prohibits you from being? If so, you being physically somewhere you should not be may be a violation of the protective order.

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Answered

A: If you have a protective order against someone, it typically prohibits any form of contact or communication with that person. Reporting a legitimate concern, such as someone attempting to harm your pet, to the police may not be considered a violation of the protective order, as long as you do not have any direct contact with the protected person while doing so.

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