Am i violating a Minnesota order for protection if the petitioner calls me I answer but don't say anything back while she yells

Asked over 1 year ago - Fergus Falls, MN

My ex-wife here in Minnesota has been trying to put me in jail lying to police telling them I'm calling her phone from my number however I can prove I'm not. What I'm worried about is that she calls and calls in calls my cell phone until I finally answer and leave the phone off the hook. and I just don't know if I'm in violation for answering even though I don't say anything back while she screams and threatens me

Attorney answers (4)

  1. Christian Ryan Peterson

    Contributor Level 16

    6

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . It's not a violation to answer the phone, but that doesn't mean that your ex will not be able to attempt to report this contact as a violation and try to get you in trouble. It is best if you don't answer. Keep your call logs intact, because this is important evidence that she is trying to set you up.

  2. Jay Bodzin

    Contributor Level 20

    6

    Lawyers agree

    1

    Answered . I'm not licensed to practice in Minnesota, so I can't answer definitively, but I have to ask: why do you answer at all? If you have caller ID (as all cell phones do, as I understand it), you can simply choose to not answer, or decline the call. You may also be able to block her number from calling you. If she does call you, you shouldn't answer, but you should keep records of these calls, to prove that you didn't call her. If she leaves messages, keep the recordings. These can be very valuable to you later, if she makes any further claims against you. You can use them to demonstrate that she's not really afraid of you, and that she's trying to manipulate you and the system by claiming to be abused.

    While domestic violence remains a common and serious problem, it's also fairly common these days for people to claim that they've been abused to gain an advantage in child custody or other family litigation. Most of them aren't stupid enough to violate their own restraining orders. Every time your ex-wife does this, she's giving you a little gift. Don't play her game. Store the evidence and don't talk to her directly. Consult with an attorney if any further legal claims are made.

    Please read the following notice:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more
  3. Matthew Thomas Majeski

    Pro

    Contributor Level 19

    4

    Lawyers agree

    1

    Answered . Don't engage her in conversation and hang up the phone. Keep a log of when she's making these unsolicited contacts. More practically, you should look at blocking her number.

    Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the... more
  4. Andrew M. Leone

    Contributor Level 20

    4

    Lawyers agree

    Answered . I agree that you should be keeping a log of all the calls she is making to you. My advice would just to ignore her calls. You may be able to contact your phone service provider and inquire about having her number blocked from calling you. If you do answer, simply hang up immediately. You are not violating the no contact order if this is all that is happening.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,918 answers this week

3,069 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,918 answers this week

3,069 attorneys answering