What should I do if I accidentally called my soon-to-be ex-wife who has a protection order against me?

Criminal Law

Howardk06131

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You have choices.

You can contact her attorney to let them know.
- That would be “getting ahead of it” by notifying them that the call was accidental. If they want, they can still go to court and claim you violated it, and you would respond that you contacted them immediately to explain it was an accident. (18 U.S.C. § 2262)
- You can also do nothing and wait to see if they contact you about a violation, and then explain it.
Or you can simply do nothing.
- Again, your phone would show the call was very quick and disconnected, which supports your argument that it was accidental. You need to consider these options.
- If you do nothing, it allows you to wait and see if anything happens and respond with the truth if needed.
- And you should remove her number from your phone to avoid any future accidents.

Full Conversation

If I violate an order of protection by accidentally calling while driving what should I do? (My car called the person when I told it to play a song.) I do believe the party has blocked me and most likely will never know. However, I want to avoid any legal trouble.

Lexi, Chatbot

I understand that you're in a difficult situation regarding the order of protection. Can you tell me if you have already received any legal notices or warnings related to this incident?

I have not, it just happened.

Lexi, Chatbot

Have you had any previous violations of the order of protection, or is this the first time something like this has happened?

First time.

Lexi, Chatbot

Is there anything else the criminal lawyer should know before I connect you? Rest assured they'll be able to help with your order of protection.

Yes.

Howardk06131

Hello, I am Howard, an attorney with 45 years of experience here to assist you.

Since this already happened and it was by accident, there is nothing you can do to take it back, but it was inadvertent.

The order of protection is against my soon-to-be ex-wife and I accidentally called her phone.

Howardk06131

First, the call itself was most certainly very short and you instantly disconnected it.

Next, as you said, you do not think it will be detected because of the block, which of course would be the best scenario.

Do I report myself? It just happened and I want to get ahead of it. I hung up immediately.

Howardk06131

But this call was an accident—your facts state it—and as long as you have not violated this in any other way, I think that it is an isolated incident that will not involve anyone running to court about this.

I do not recommend you contact and report yourself.

Do you have a lawyer representing you?

No, I do not. My fear is that I'm not blocked and if she sees it, she is going to go to the courts.

Howardk06131

You cannot contact your ex to let her know this. And so there would be no one to report it to unless you would want to let her attorney, if she has one, know.

She 100% will go to the courts.

Howardk06131

Does she have an attorney?

Yes

Howardk06131

And how long ago was this order entered?

The order of protection has some serious accusations and the call was an accident. It barely rang but I'm fearful now and just want to do anything to get ahead of it.

Last week.

Howardk06131

You have choices.

You can contact her attorney to let them know.
- That would be “getting ahead of it” by notifying them that the call was accidental. If they want, they can still go to court and claim you violated it, and you would respond that you contacted them immediately to explain it was an accident. (18 U.S.C. § 2262)
- You can also do nothing and wait to see if they contact you about a violation, and then explain it.
Or you can simply do nothing.
- Again, your phone would show the call was very quick and disconnected, which supports your argument that it was accidental. You need to consider these options.
- If you do nothing, it allows you to wait and see if anything happens and respond with the truth if needed.
- And you should remove her number from your phone to avoid any future accidents.

Howardk06131

3,365 satisfied customers

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