Restraining order question- 3rd party violation?

Asked about 3 years ago - Orange, MA

Is it a violiation for the one who I have a restraining order against to stand at the business at the end of my rural neighborhood and talk to them about how I should take him back? Is it a form of posturing to be there when he expects me to show up? The people at the store are either friends, neighbors or acquaintances of mine and he knows they know me and will tell me he was there and what he said. We were never married and have no children together. It was a short term relationship.
Did he violate the restraining order via 3rd party contact? He's a very scary person and lives 2 hours away.

Attorney answers (2)

  1. Dominic L. Pang

    Contributor Level 17

    2

    Lawyers agree

    Answered . Two issues here: the extension of the order and whether or not the order was violated. The facts you state make out a strong reason for re-extending the order when the time comes. Bring in the people he talked to as witnesses to support your position that he is not over you. As for whether or not his conduct violated the existing order, you need to look at the terms of the order itself. Specifically, I suspect that the order states that he must stay a specific distance away from you or your home, say 100 yards. If he is outside that 100 yard boundary, then there is no violation. Due process requires that the subject of the order be given fair notice of what he can and cannot do. If he was served a copy of the order, and that order stated he had to stay at least 100 yards away from you, and he has stayed 100 yards away, then he has not violated the order by direct contact.

    The trickier issue is whether he has violated the order via contact of third parties. The easy case would be if he specifically asked these third parties to contact you on his behalf, and they did contact you, but that does not sound like what happened here. You are free to report this incident to the police, let them decide whether or not there is probable cause to charge him, and then let the courts sort it out.

  2. Nicole C. Armstrong

    Contributor Level 12

    Answered . If he does not have a legitimate reason for being in the area; especially if he lives 2 hours away, you may be able to argue that he is in violation. At the very least, it will likely proceed to a magistrate hearing where the issue can be discussed and clearly outlined. This may be able to set the grounds for any future harassment.

    This response is for informational purposes only and not intended to be legal advice; nor is this answer intended... more

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

Get free answers from experienced attorneys.

 

Ask now

25,654 answers this week

3,026 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

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

25,654 answers this week

3,026 attorneys answering