MY RELATIVE IS IN CUSTODY IN CA. THE FAMILY AND HIS GIRLFRIEND ASKED THE JUDGE TO LIFT A NO CONTACT ORDER IN CA. SO THAT THE "VICTIM" COULD CONTACT MY RELATIVE. THE JUDGE GRANTED IT. THE MOTHER OF THE "VICTIM" PUT A STALKING ORDER ON HIM IN OREGON SO SHE WOULDN'T GET IN TROUBLE FOR ALLOWING HER MINOR DAUGHTER TO DATE AN ADULT WHEN SOMEONE THREATENED TO TURN HER IN AND ABRUPTLY STOP THEM FROM DATING. THEY FLED TO CA. GOT CAUGHT...NOW HE'S IN JAIL....THE ORDER IN CA HAS BEEN LIFTED BUT THERE IS STILL A STALKING ORDER THAT THEY CAN'T REMOVE IN OREGON? CAN THEY STILL COMMUNICATE VIA PHONE AND LETTERS OR WILL HE BE VIOLATING THE STALKING ORDER IN CA?
I MEAN.... WILL HE BE VIOLATING THE STALKING ORDER IN *OREGON*?
Family Law Attorney
Yes, if the Oregon Protective Stalking Order says no contact, then letters and phone contact would be a violation of that order. Restraining Order violations can be prosecuted even if the alleged victim no longer wants there to be a protective order. After the order is in place, it no longer matters is if the contact is unwelcome, or would subject a reasonable person to fear. All that matters is that he is violating a court order which he has been given notice of. In fact, phone calls and letters would make it very easy for a DA to prove that he contacted the victim.
Your relative needs to consult with an attorney in Oregon. Perhaps, the order can be contested and dismissed. If the victim would agree to dismiss the order, the attorney could also communicate with her to protect your relative from a violation.
Don't write any more about this issue on this site because this is a public forum where the posts can potentially be traced back to a party by a creative DA. Instead, save the rest of the details for a private and confidential consultation with an attorney.
My responses to posts on AVVO are not legal advice, nor do they create an attorney-client relationship. In order to provide true (and reliable) legal advice, an attorney must be able to ask questions of the person seeking legal advice and to thus gather the appropriate information. In order for an attorney-client relationship to exist, you and I both have to agree the the terms of such an agreement.
Family Law Attorney
Please turn off your CAPS LOCK. It's like you're screaming at everyone, which I'm sure you don't intend. Thank you.
No contact means no contact, in whatever state. It's a bit hard to follow the rest of this narrative (please see this Guide: www.avvo.com/legal-guides/ugc/five-tips-for-how-to-ask-for-legal-advice-on-avvocom ). For more information on how these orders work, please see this page: http://www.northwestlawoffice.com/ro.html
Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: firstname.lastname@example.org | Online: www.northwestlawoffice.com