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What happens when restraining order is violated

Deerfield, MA |

I put a restraining order on my daughter father for always following me and driving by my house on top of that I moved and had the address impounded and he hire a private investigator n they gave him my mew location can they get introuble for that? Also he violated the restraining order by being at the location where I have to pick our daughter up from so I did a criminal complaint and Ihave two witnesses but he is still saying he was never there and he has a clean record but he is still being arranged what could possibly happen and what are the chances of him being found guilty if he keeps saying he was not there and would he be doing time or just be charge to pay a fee

Attorney Answers 3


  1. I am not the judge nor do I have enough information to determine if he will be convicted. that question is for your attorney and the judge. Yes the investigator can give him your address. The restraining order is not against the investigator but your daughter's father. I do not know what he will be sentenced to either. A violation is a criminal matter. The mmore times he violates the more likely he will do jail time.

    IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" PLEASE MARK IT SO because Avvo awards the attorney points. This information is provided by PEGGY M. RADDATZ, Attorney At Law as a pro bono service. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about.


  2. I would have to do research to determine just how the private investigator might get in trouble, and know more facts, but here he has assisted someone under a restraining order in violating your privacy, and also assisted him in violating a court order. If this was done knowingly, it seems quite serious to me and should be punished. The PI may not have known about any of this, of course. Many of them are ex-police officers and would never consider doing such a thing.

    Compensatory damages which can be awarded to you for a proven c. 209A violation include moving expenses. You might want to consider moving, since such extreme attempts to continue contact are a big warning flag for future violent abuse. I would also at the very least consider having the restratining order amended to specifically prohibit any attempt to gain information on your whereabouts, but here it was clearly part of the violation of the order and I don't think most judges would see it any differently.

    It's hard for me to predict whether the defendant will see any jail time for this, though from what you've stated it seems likely he'll be held responsible in some form. Make sure that you strongly consider taking any chance to appear in front of the judge to give a "victim impact statement", and keep in touch with the Victim Witness Advocate from the court to make sure you're advised of any status changes in the case and upcoming court dates.

    In the end, you are the one most intimately associated with the case, and you should do what's best for you and your daughter. Sometimes court punishments can serve as a useful wake-up call to abusers that their continued attempts at control will not be useful; in some cases they can unfortunately spur extremely violent/psychopathic types on to further abuse, although I'd never say that that is likely in your case, especially not knowing the facts. I highly recommend seeking out a local, experienced domestic violence third-party advocate (not the VWA from the court) to discuss your case at length and come up with a plan of action that is comfortable for you. And, again, since your impounded address is now known, consider moving and requesting that he be forced to pay for it. Good luck.


  3. The fact that your daughter's father hired an investigator to determine your actual address knowing that your address is impounded is evidence that he could care less about your restraining order. A court impounded your address because it was convinced that you could be in danger if he knew where you actually lived. In court, I cannot think of any justification that your daughter's father will be able to give the judge for finding out your address. As far as I am concerned, by hiring the investigator to help him do an end around the court's order to impound your address shows his obsession with knowing your whereabouts and his intent to harass you and/or violate the restraining order. Along with your two witnesses, It also undermines his credibility

    As for the repercussions of his actions, etc..., it is best to speak to the prosecutor.

    The content of this answer should not be relied upon or used as a subsitute for consultation with professional advisors and it should be clearly understood that no attorney-client privilege has been created. A more complete answer and/or more accurate answer can only be provided in a more thorough examination of the facts in a consultation with my firm.

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