Texts and Calls Before Being Served Legally
So, you got an emergency protective order against your wife or girlfriend, but she hasn’t been served with it yet. She violates it, but you know she’s aware of the order because she mentions it in a text message or phone call. Does that count as a violation?
Hi, I’m Tulsa protective order defense attorney Clint Hastings. I practice here in Tulsa, Oklahoma, I focus on father’s rights, and I’ve been practicing for about 25 years.
Legal Notice and Protective Orders
This comes up a lot, and I get the question from both sides. Often my client may be worried that they’ve violated a protective order—even though they haven’t been served yet—because they knew about it and still texted, called, or showed up.
Here’s the answer: It is not a violation of the order if you haven’t been formally served. You’re not on legal notice of it. You may have actual notice, but that doesn’t count. That said, if you know about the order, do not violate it. Thinking you can “get away with it” just because you haven’t been served will hurt you in the long run.
Consequences of Ignoring Protective Orders
Why? Because when you get to a hearing or trial on whether a final protective order should be issued, the judge will see that you knowingly ignored it. Even if you can’t be criminally charged for violating it, it shows you’re willing to skirt the rules to keep contacting the other person against their wishes. Judges take that seriously.
Most of the time, when this happens, it’s because someone wants to get in a few last words or tries to talk the other person out of going through with the protective order. For example, a message like: “Hey, our friend Lisa told me you filed for a protective order. Please don’t do this. I’ll stop. We don’t need it.” That might seem harmless, but it can make things worse for you.
Seek Legal Advice
So, while it’s not a criminal violation until you’re served, it’s still a very bad idea. Don’t risk it.
If you have questions about this or any other family law issue, give us a call—we’d be glad to help.
Need Legal Advice?
If you have questions or concerns regarding a protective order or any other legal matter, call Tulsa men’s divorce attorney Clint Hastings at 918-962-0900 to schedule a low-cost consultation with our experienced attorney. Your rights and reputation are worth protecting.
