My friend put a restraining order on spouse but both have violated it.
2 attorney answers
Your friend should consult with a family law attorney to assist her in this matter. If she is the only one that has a protective order against him and he does not have one against her, the she has not violated anything. If your friend is fearful of this illegal contact she should notify the police of his violations. As for the children, if a final protective order is granted the court can set forth a custody arrangement that would occur until the final protective order ends (or a further agreement or other court order is entered).
As this is more than a final protective order issue (a divorce should be considered for your friend's safety) your friend should consult with and retain a family law attorney who can provide her with all of her rights and options both in the protective order case and the divorce case.
I should also note that if the protective order was filed in district court and there is a pending divorce action, it is likely that the temporary protective order will be continued when they show up to court on the 31st to transfer the case to the circuit court.
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I agree that if an order has not been filed and entered against her that she is not technically violating any order, however, if she wants to get a final order of protection she should stay away from her Husband and have no contact with him. As a Harford County sitting judge likes to say (and I'm paraphrasing) "I don't care if you see the person you want protection from standing on the side of the road on fire, do not stop, do not interact with him/her, move on and call the police". She should stay away. The Courts, even district with DV matters, can deal with terms regarding custody and visitation and set forth the rules for the parties communications. District would probably prefer Circuit handle this matter as it should be or will soon be in divorce court (district does not hear domestic - divorce, custody, support, etc.). She should hire a competent divorce attorney, as should he for that matter.
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