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Is it a violation of a Protective Restraining Order that was granted ten years ago to ask an ex spouse to voluntarily lift it?

Palm Harbor, FL |

This RO was granted by a Judge even though my ex wife 's petition did not meet the requirements for having one granted. The judge felt since we were going through a bitter divorce, the less contact between us was best. The tragic part is that because of the incompetence of counsel, it was never dropped upon the divorce. I am allowed through stipulation to contact my wife solely through email with respect to our children. This RO affects my kids and my relationship with them. I ask my ex in an email if she would consider dropping this order, some ten years old. We are allowed to be at school events and have come in contact very often at such events. I have never done anything to violate it and as one psychologist that we saw, evidenced that my ex was using as a power and control tool, a baton so to speak and is she put it to friends" to fix my wagon. I just want an amicable peaceful and reconcile relationship between us, for our kids and our families. She wrote back and said discussing it even through a contrite email was a violation of the order. I know I can hire an attorney and have it dropped, but I guess I was appealing in good faith and the spirit of forgiveness and reconciliation. Was my email where I asked if she would consider dropping it, an actual violation of the order?

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Attorney answers 3

Posted

Whether your communication was a violation of the injunction depends on the exact wording of the injunction. If it is, as you wrote, that you can only contact in order to discuss timesharing, you could be in violation due to your communication. There is also the question of the time period for which the injunction was ordered. If it had a set time, it could have expired by now. If, however, it is indefinite, you would need to move to dissolve the injunction. There is a burden to show that the petitioner of the injunction, i.e. your wife, has a reason to continue to be in fear of you. If she is unable to show the Court this evidence, you have a good chance of having the Court dissolve the injunction.

This response does not create an attorney-client relationship. Unless you are already a client of Moser & Moser, P.A., pursuant to an executed employment agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Melissa Engle Peat, melissa@moserpa.com, 321-733-7303.

Posted

The email is a violation of the order, file a motion with the court instead. Contact my office for free consultation.

Posted

Although there may have been a technical violation, from a practical standpoint, it is highly unlikely that the communication would rise to the level that would get you arrested. I also would be very surprised if the State Attorney's Office would prosecute such an allegation either. While you certainly can petition the court for a dismissal of the injunction, it sounds like you are going to be in for a fight due to your ex-wife's attitude. This situation is exactly why I personally dislike these permanent injunctions. If you want to increase your odds of success, hire an attorney and get a game plan together. Good luck!