Is it a Violation of Probation if Your Victim Keeps Trying to Contact You

[vietscouty]

My question involves criminal law for the state of: Colorado

I know that I end up receiving anonymous phone calls from like different international numbers. I was already informed that the victim has already left the country and will not return but would it still be consider in violation of my probation if I make any contact even she will never return to the states? I don't initiate the call but she does. Whenever I answer, she always informs me of what is going on or ask how I am doing. I tell her that she just needs to move on with her life. She even emails me and of course I read them but don't reply and after I read them, I delete them. To make matters worse, I even called her cousin to ask her to just quit calling me but unwary of the fact they've stated that the family has disowned her and don't want anything to do with her. So even if the victim who placed a restraining order on me is living over seas, is it still consider in violation of my probation? Ok, I'm done ranting.

[flyingron]

Stop talking to her. If she calls, hang up as soon as you recognize who it is. Even when she initiates the call, do not argue or continue any sort of conversation. Do not talk to her family either. Report such incidents to your PO. Let the PO or your lawyer instigate any communications on your behalf.

[PTPD22]

Read your copy of the restraining order. I'm sure it says something to the effect of "respondent (that would be you) is restrained from having any contact with petitioner (that would be the person protected by the restraining order)." I'm sure it goes on to explain that that means no contact in person, letter, telephone, any electronic means (email, texts, etc.) or even through a third party (meaning you can't even have someone else pass on a message from you). What I am positive you will not find is anything that says, "unless she calls you first." You cannot stop her from initiating contact. But, you could definitely be found in violation of the restraining order and/or your probation if you accept that contact. If she calls, hang up. If she emails, delete it. Don't tell her to stop calling. Don't tell her to go away. Don't tell her anything...just hang up. And, report EVERY time she tries to contact you to your PO ASAP!

[vietscouty]

Alright. Thanks. Its been going on for about a couple of months and I didn't know what I suppose to do. I thought I got a good handle on this but it had started to become a total annoyance. I've asked my co worker in regards to this who is going to school for law and he says that the US has no jurisdiction overseas to make this stop for some kind of restraining order. Plus, its a very minor thing and nothing can be done. I'm afraid to report the incident to my PO because I wasn't so sure if I was in violation of my probation even when I'm doing whatever I can to avoid contact with the respondent.

[Dogmatique]

It's true that the US has no jurisdiction over her - but the US certainly has jurisdiction over you and yes, you can be found to be in violation.

you're not doing everything you can.

Do what the others have advised.