Legal Question in Criminal Law in Washington
Washington State. Order of protection. My son got an order of protection against a person. Now my son is violating his own order of protection. Is this a leagal problem for my son.
If the person violates the order - it is a criminal offense.
If my son violates his own order - what is it.
1 Answer from Attorneys
It isn't a legal problem for you son in so far as he cannot be charged with a crime. However, if it is a civil protection order and he convinced a Judge that he was in such fear, or suffering such a pattern of harassment, that he needed the Judge's protection, it may be a basis for lifting that order against your son's will that he "apparently" isn't in fear or harassed.
It is a criminal offense for the other person and can be filed as a felony from the beginning. The 3rd violation is a felony but there doesn't need to be any previous convictions for it to be the third. So, some person (anybody) could tell the police the person has been there three times, or the police could count phone calls or text messages between cell phones, and the person could be slapped with multiple count felony charges and go to prison for years even though they have no prior trouble with the law.
At your service,
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