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Can my boyfriend and I still see each other with a peaceful contact restraining order?

San Leandro, CA |

he was charged with DV six months ago but we live together and worked it out. I was under the impression that as long as we are "peaceful" with each other we are able to be around each other/remain living together. Someone told me that we can't have any contact at all. I would like to be able to see my boyfriend who I live with. What does a peaceful contact restraining or entail?

Attorney Answers 3

Posted

Look at the actual restraining order. If it is a no contact order you cannot be around each other at all with out risking a felony charge on him. If the order state "peaceful" or "no negative contact" then you can be around eachother as long as there is no fighting, arguing etc. If you are unsure, contact the attorney who represented him. It could be a costly mistake for him so be sure to check on it don't just assume.

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Posted

If the restraining order says that he cannot contact you then it would be a crime for him to do so. Whether or not it is peaceful, any contact would be a violation. You need to read the order and see what it says. If there is a no contact order then you would have to go back to court and ask the Judge to modify the order to allow contact.

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Posted

If the language of the order specifically allows for "peaceful contact" then, yes, you may be around one another and/or reside together; however, for your boyfriend to avoid further criminal charges all contact he has with you must remain just as the order says...peaceful. Any acrimony, harassment or arguing he engages into with you can cause him to possibly violate the order which may also result in new charges filed against him.

NOTE: This answer does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for an individual consult concerning customized advice regarding your specific situation.

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