Can the AV get in trouble for texting a defendant with a MPO?
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Transcript:

If you're wondering if the named victim, the alleged victim in a domestic violence case can get in trouble for contacting you when there's a protection order in place? The short answer is no. But I want to explain why. So in a domestic violence case, if you are charged with an act of domestic violence against your significant other, you are the defendant, they are the victim. That's how the state sees it, that that's how the court sees it. So you are prevented with that protection order, unless it's otherwise modified. But with the protection order, you are prevented from contacting the named victim in your case, there is nothing about that protection order, though, that prevents them from contacting you. So a lot of the times this gets people into trouble, because they'll think, Okay, well, I'm not allowed, let's say it's a husband and wife and the husband is charged, the husband thinks, Well, I'm not allowed to contact my wife, but she contacted me, so I can respond. Now. You cannot, you cannot respond. So it's really difficult. Because a lot of the times we know that in Colorado, a lot of domestic violence charges are not something that the spouse actually wanted to happen. A lot of the times we see things happening from one drunk incident or someone having some kind of episode, that has nothing to do with them as a person, it's just a one time thing. And the spouse will call the police because they're scared or worried or whatever it is, but then the spouse didn't want their husband to be put in jail. The problem is, is because the courts are now involved. It's basically out of her hands that she cannot change the fact that it's charged. But if the husband contacts her, she can report that and say this is a violation, you can report it to law enforcement, you can report it to the DEA to the judge, and you can be charged if you're the husband in this scenario. But if she is continually texting him, there's nothing illegal about that. She can text, she can call she can follow, she can do whatever she wants to do, because she's not the protected, or the person who is restrained from talking to the other person. She's the protected party. She's not the defendant. She's the one that the state is intending to protect. But she's not prevented from doing anything. So it gets really it gets really sticky. And I know it can be confusing, especially if that this was not an ongoing thing. And you all are on good terms and you're wanting to have communication. Ask your lawyer to file a modification so that you all can legally have communication. But know that until that protection order is modified, you cannot respond. If you are the defendant and your victim is texting you you cannot respond. Even if they're begging you to respond. It's illegal for you to do so. Even if they have the best intentions. If you respond, and then you all get into another argument at some point, that person the named victim can then take your responses and show law enforcement and you've got another criminal charge. It's just not worth it. So hire an attorney, talk to your attorney about filing that motion to modify the protection order. But no, you are the one that is restrained from doing anything, not the alleged victim in the case. And we have to work through that and get through that and then that's why you have an attorney on your side because it is very, very tricky. It is a touchy subject but you have to be very careful and protect yourself first and foremost when you have these Domestic Violence Protection orders against you