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Is this considered harassment via 3rd party?

Bakersfield, CA |
Filed under: Criminal defense

I have a DVRO against my childs father. The RO does allow for peaceful contact to facilitate exchanges. I use 3rd parties to do the child exchange at the police department because he assaulted me in the parking lot of the previous exchange location. For the last six (6) child exchanges he has sent my 3rd party home with the msg that he wants the exchanges to go back to the previous location, where there are no surveillance cameras. The third party continues to report that he restrained individual still send msgs about how inconvienet it is for him to drive to the PD (although he lives 4 miles away and IS a cop here in town) He tells the third party that the location doesn't inconvenience ME just HIM and he wants it changed and he send the 3rd party home w the msg for me.

Attorney Answers 4

  1. For harassment, it has to be direct contact with you. Tell this third party you don't want to hear anymore. As to whether or not it violates the orders you have against him, I can not answer because I have not seen the orders.

    We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute legal advice. Any statements I have made are based upon the very limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in California.

  2. What you report is making things inconvenient for you, which is causing you anxiety. This is may be harassment to you, but it is not legally actionable against your child's father. He is making your life tough, but it is probably not actionable.

  3. Just send the message back that if he wants the location changed from the police department, he can go back to court and explain to the judge how this location is a problem for him, but until the judge changes the location, you are not. Then ignore it, and tell the 3rd party not to bother you with this anymore.

  4. While I agree with my colleagues, I would add that if the message he sends to you via the 3rd party would violate the DVRO if he sent it by other means, then it is just as actionable via a 3rd party. While a request to change the location may not be a violation regardless of how he communicates, it can be considered a violation of the order to communicate harassing or threatening message via a 3rd party.

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