I've had this come up a few times, where a victim has a protective order in place, however the person ordered to stay away hires a private investigator to follow her. Is it a violation of a protective order if a private investigator is hired by the Respondent to follow the Applicant after the order is in place? Is there any case law on this?

Hmmmm. Law of parties? Pretty weird scenario.

[This message was edited by JohnR on 11-19-10 at .]

I'm not looking to go after the PI. I would think I would have to prove that the PI was aware of the PO, which he probably was. I'm trying to figure out if the act of hiring a PI to follow the victim is itself a violation of the protective order.

Does your protective order enjoin harassment in any manner? If so, hiring a PI would come close.

P.O. prohibits "communicating directly or indirectly in a threatening or harrassing manner." I would think "indirectly" would include a PI.
However, it goes on to prohibit "stalking, following or engaging in conduct directed specifically at the person protected that is reasonably likely to harass, alarm, abuse, torment or embarrass that person." Indirectly is not mentioned, but I would think hiring a PI to do this would be the same as if he did it himself. I can't imagine he can circumvent the law by having another do what he cannot.

I would look for caselaw where the defendant used family or friends to violate the PO. Only difference here is that the PI was paid.

if you're trying to file a charge under 25.07, regardless of what your PO says, it has to fit the elements of the statute...

If the purpose of the PO is to prevent harm or the threat thereof to the victim, how do the PI's actions increase the risk of harm, other than giving the defendant more information about the protected party's activities?

Not really sure what purpose the prosecution would serve, but maybe I'm missing something?

It's also to prevent harrassment of the victim. I would consider someone following me around and taking pictures of me to be harrassment.

The PI is doing things that the Respondant cannot, such as sitting outside her house, following her, contacting friends and family about her, and even calling the real estate agent who is selling her house to try and get inside. I would absolutely consider this to be harrassment. Not only does she have to worry about the Respondant, but now she is constantly looking out for anyone he may hire to follow her.

There's no on point or similar case law that I've found. I think I'm just going to have to make an argument to the court and see what happens.

I don't work with protective orders regularly and have only rudimentary knowledge concerning them, but, is there another option open here---a PO for the PI?

Then he'd just hire a different PI.

Andrea is right, as usual. Besides, the PI would have to have a family, dating or household relationship (or perhaps be a sexual assault suspect) to support a separate protective order.

I suppose, if the evidence showed the PI's continuing conduct could be shown to place the victim in fear of bodily injury, death or an offense against the victim's property, stalking might be an optinon, if you wanted to go that route. That could have the effect of deterring other PIs from taking on this kind of work.