Asked in Criminal Law for Washington

Q: A person has a PO against me. In said PO it’s alleged I left a voicemail threatening the persons life.

That voicemail led to telephone harassment charges. Can I use that PO for my own defense in a criminal trial.

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2 Lawyer Answers
Cristine Beckwith
PREMIUM
Answered

A: Sorry to hear. There isn't enough information to give you legal advice. I suggest calling a criminal defense attorney. Many of us offer free phone consultations. Best of luck.

James L. Arrasmith
PREMIUM
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Answered

A: If there is a protection order (PO) against you and it’s related to the voicemail that led to the telephone harassment charge, you might be able to use that PO in your defense, but it will depend on the circumstances. If the person who has the order against you claims you left a threatening voicemail, you would need to demonstrate that the voicemail did not contain a true threat or that you did not intend for it to be taken seriously.

One potential defense could be to show that the voicemail was not threatening in nature or that it was a misunderstanding. If the PO includes details about the incident, it could be relevant to your defense strategy, particularly if it contains information that challenges the accusation of making a threat. For example, you might argue that the voicemail was misinterpreted or that it didn’t meet the legal definition of harassment or threatening behavior.

It would be helpful to work with a lawyer who can assess the PO and the charges you face. They can help you determine whether the protection order is something you can use in your defense and how it might affect the outcome of your trial. Understanding the full context of both the PO and the harassment charge is essential to building a solid defense.

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