My brother who I have a restraining order against lives next door to our mother. When I went to see our mom, he was over there when the order prohibits this. He was supposedly invited by our mom. The local police said there was nothing in the order stopping him since it also stated that he could have contact with our mother. My question is this: Is he or is he not in violation of the restraining order? The police officer also said that since he was there, I couldn't even talk to our mother at the time.
Divorce / Separation Lawyer
If he is already there, he may not have the duty to leave just because you want to be there. what is the language in the Order?
Family Law Attorney
O.K. there is a common misconception here, and it appears that the police made a typical mistake. From your question it states that you have "restraining order" against him. What you probably have is a domestic violence or repeat violence injunction against your brother. If this is the case, then what the police misunderstood is that the Injunction only runs one way. You do not have to stay away from him, rather, he must stay away from you. You violate no laws be speaking with him, being near him, or contacting him. Only he gets in trouble for that.
Now it is true that if you tried to contact him or put yourself purposely in proximity to him, he would have a good case to dissolve the Injunction claiming that you really are not afraid of him anymore.
Thus, you can talk you your mother all you want even if he is there. It probably would not be wise for you to do so, but you could.
Lastly, unless the Injunction prohibits him from going to your mother's residence, or unless her residence is within the distance restriction he must keep away from you, then the police got that right. He can go there for so long as she lets him.
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Violent Crime Lawyer
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