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  1. #1
    Join Date
    May 2012
    Posts
    20

    Default Accused of Vandalism by the Victim of Harassment

    My question involves restraining orders in the State of: TX

    A few months ago I had confessed to police about harassing a former friend through the Internet and was charged for cyber harassment. I'm not sure if a protective order was issued against me but the police told me not to contact the victim or go to them if the victim was to contact me. A few days ago I received a couple of texts from the victim accusing me of causing damage to her vehicle which I didn't do. I texted back to ask who it was as the victim had changed numbers and I didn't know who it was until afterwards. The victim never responded back and I didn't either. Should the texts that the victim sent me be reported to police and what would happen in regards to my case as I am currently waiting to go to trial.

  2. #2
    Join Date
    Oct 2013
    Location
    WV
    Posts
    230

    Default Re: Accused of Vandalism by the Victim of Harassment

    If you have been charged with a crime a common bond stipulation is that you are to have no contact, direct or indirect, with the victim. I suggest you delete whatever number was used to contact you and leave them alone.
    Reporting the text to the police will do little to nothing other than possibly show you have contacted the victim in violation of your bond.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Accused of Vandalism by the Victim of Harassment

    of course if the victim reports your contact to the authorities, deleting the texts would mean nothing, especially since the victim likely would have already shown the authorities the texts.


    you didn't say anything about the victim being under a restraining order so unless they are, they can contact you. You just cannot contact them. There are unilateral and bilateral restraining orders. Unless you sought a RO against them, they are not likely under an RO.

    the bigger question is:

    how did you figure out the unknown number is that of the person you are not allowed to contact?

  4. #4
    Join Date
    May 2012
    Posts
    20

    Default Re: Accused of Vandalism by the Victim of Harassment

    Ok then I didn't mention anything about the victim being under an RO because I don't know the police just told me not to contact that person. As far as figuring out the number it wasn't unknown it was just a number not saved under my contacts. I did a reverse phone lookup online and the victims name came up. Thank you for the information

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Accused of Vandalism by the Victim of Harassment

    Ok then I didn't mention anything about the victim being under an RO because I don't know the police just told me not to contact that person.
    unless they are also under a restraining order, they did nothing illegal by contacting you.

    Depending on exactly what was in the text to you and exactly what you said in return and exactly what your restraining order prohibits, you may or may not have violated the order.


    I did a reverse phone lookup online and the victims name came up.
    really? on a cellphone?

    but more troubling is this:

    [QUOTE]it wasn't unknown it was just a number not saved under my contacts

    Generally, you are not allowed to send messages through third parties, leave messages in places like Facebook, or anything else you might do with the intent the message is to be delivered to the person you are not allowed to contact. So, if there was anything in the message that allowed you to know it was in effect from the protected person and your message was able to be construed as it being meant for the protected person, that would likely be a violation of your RO.

  6. #6
    Join Date
    May 2012
    Posts
    20

    Default Re: Accused of Vandalism by the Victim of Harassment

    When I say it wasn't unknown I meant that it didn't come up as "unknown number" on my caller ID it was just a number I didn't recognize. All I said in my text was "who's this?" and that's it because I really didn't know who it was until after I did the phone lookup

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Accused of Vandalism by the Victim of Harassment

    sounds like you did nothing wrong here. I would suggest being careful though and hang on to the messages just in case something comes from this.

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