By accessing this blog, you agree to the following terms:

Nothing you see here is intended or offered as legal advice. The author is not an attorney. These posts have been written for educational and information purposes only. They are not legal advice or professional legal counsel. Transmission of the information is not intended to create, and receipt does not constitute, a lawyer-client relationship between this blog, the author, or the publisher, and you or any other user. Subscribers and readers should not act, or fail to act, upon this information without seeking professional counsel.

This is not a safe space. I reserve the right to write things you may agree or disagree with, like or dislike, over which you may feel uncomfortable or angry, or which you may find offensive. I also don't speak for anyone but myself. These are my observations and opinions. Don't attribute them to any group or person whose name isn't listed as an author of a post on this blog.

Reading past this point is an acknowledgement and acceptance of the above terms.

Google Search: Can I get arrested for entrapment on a restraining order

That's where one recent page view to my blog came from. Someone had something in mind which lead them to search whether or not they could get arrested for entrapment on a restraining order.

Most people think entrapment is tricking someone into committing a crime that they otherwise weren't going to commit. That's the meaning of the slang use of the term. It's not the meaning that determines whether or not you get charged with entrapment.

Entrapment is legally defined as The act of government agents or officials that induces a person to commit a crime he or she is not previously disposed to commit.

Even though you're a slime if you're considering trying to trick whoever you have a restraining order against into unwittingly violating it, if you face legal repercussions for that, entrapment won't be one of them.

However, if it can be proved that you lied to get that restraining order, you could face other repercussions, including criminal charges.

It's illegal to file a false complaint with police, so if the police were involved in obtaining an order you got based on lies, you could be culpable for any lies you told to them.

It's illegal to lie under oath, so if there's already been a hearing to determine whether you really needed a restraining order or not, and you lied to obtain a favorable verdict, you could be criminally charged for that.

It's illegal to file a false charge, so if you claim your target intentionally violated the restraining order, and it can be proved that it was you who initiated contact, you could be charged for that, too.

In some states, the proximaty limitations stated in the restraining order go both ways. Therefore, if it's proved that you initiated contact, if that's part of your state's law, you could be arrested for violating the restraining order.

Even if you don't face any criminal charges for initiating contact with an individual against whom you have a restraining order, if your target can prove you did that, it could be used as grounds to demand the order be lifted, because if you're initiating contact, you're obviously not afraid enough to need a restraining order. In fact, you might be enough of an abuser that maybe your target needs a restraining order against you.

To recap, no, entrapment isn't a charge a private citizen will face, but if you're considering attempting to trick the target of your restraining order into a criminal violation of it, you're a walking, talking piece of shit for that, and you could face other criminal charges and other repercussions.

No comments:

With one click... help hungry and homeless veterans. The Veterans Site.

google-site-verification: googlefdd91f1288e37cb4.html