Both parties violating protection order.

[ebindustrial]

What is the name of your state (only U.S. law)? Ohio


Long story short, my brother and his "fianc�e" some days, and "ex" the other days, are in a very unstable. For the last 5 years they've had protection orders against each other and it seems like once or twice a year they are in a major argument resulting in my brother in jail.

The last incident he was put in prison for 13 months; he just got out 2 days ago. I strongly advised him and plead with him, do.not.talk.to.that.girl! What did he do? He called her and she instantly called his probation officer and they came and arrested him this morning...

I was going through his belongings from prison that he left at my house. He has several letters from this girl that she wrote saying how she misses him and so on...

The thing that I don't get, for the last (5) years, he is the one always getting into trouble for violating this protection order. Even when they are living together, it's always him getting arrested. How can he get into trouble for calling her when she writes him while he's in jail?

I'm not saying he's innocent because he puts himself in these situations. I just don't understand why she never gets into trouble. I honestly believe she sets him up and leads him on and then calls the cops..and hes stupid enough to fall for it.

If he is being charged for violating the protection order then so should she! My question is not what I can do to help him and get him out of trouble for the latest incident, but can I do anything with these letters to get her in trouble as well?

They both need to face the consequences and than just maybe, they will call it quits and move on with their damn lives!!

Thank you!

 

[HighwayMan]

My question is not what I can do to help him and get him out of trouble for the latest incident...

Get him an attorney.

You are not involved so how do you know that she has an order against her and if she does what the order says?

 

[quincy]

What is the name of your state (only U.S. law)? Ohio

... My question is not what I can do to help him and get him out of trouble for the latest incident, but can I do anything with these letters to get her in trouble as well? ...

The letters are your brother's private property so you cannot only not "do anything" with them, you should not even be reading them.

The following Ohio Supreme Court case, State v. Lucas, 795 N.E. 2d 642 (Ohio 2003), perhaps explains why your brother is the one who keeps winding up in jail for violating the protection order, despite the girlfriend being equally restrained: http://caselaw.findlaw.com/oh-supreme-court/1287234.html

The Court said: "Accordingly, we hold that an individual who is the protected subject of a temporary protection order may not be prosecuted for aiding and abetting the restrainee under the protection order in violating said order."

There is little you can do to prevent either of them from behaving poorly and making a mess of each other's lives.