Is this is illegal?
I have a Peace Order against an ex-boyfriend of mine, but I really just got it to be petty and vindictive since he got one against me, although his is expired.
Is it illegal for me to violate my own Peace Order? He is taking me to court over it. I have called him 50+ times since getting the peace order, followed him into his apartment building (and he has video surveillance proof to back this up), and sent him emails. In some of my emails I acknowledge that I infact know the Peace Order is bulllocks. I didn't think there was chance I could get into trouble, because none of those things could be traced to me, but now he has the video surveillance.
Is it illegal to violate my own Peace Order or just if he violates it against me?
Answers:
As of now, you face several possible charges. Perjury not being the least of them. When you applied for the Order, you swore an oath. He has proof that whatever you stated to get the order was a lie. That is perjury, and is criminal.
Orders of protection (restraining orders, peace orders, etc) are de facto criminal accusations (they don't carry criminal charges, but they assert criminal behavior), and as such, the accuser (you) falsely alleged that the defendant was engaged in criminal activity (stalking, harassment, etc). Falsely swearing out a complaint is not only perjury, but malicious prosecution.
While 'malice aforethought' is criminal, it is also recoverable civilly. He can sue you in civil court for any expenses he incurred as a result of your actions (legal fees, lost work, etc) and can sue you for punitive damages (punitive=punishment).
BTW, yes it is illegal to violate our own restraining order. You are subject to the same penalties as he is for violating the terms of the order.
I'm going to agree with the person above -- you are in a potential pile of doodie.
First of all -- get a life . . . you tried to get rid of this guy -- so, drop it . . . let it go -- leave him alone -- it seems he should have a protection order against you, for, if nothing else . . . menacing by stalking.
Very Illegal.
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