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Restraining Order

Started by Mom2angel, Sep 28, 2006, 05:35:18 PM

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Mom2angel

I have a RO against my ex-wife. The order is in NH (my state) She lives in MA. We have an agreement to meet in a public place to exchange the children in MA. She has active warrants in NH from violating the RO. Recently my ex-wife has been denying visitation and for the last 2 months I haven't seen the children.

1) I know she is not supposed to contact me per the RO but can I send her a letter of intent to exercise visitation?

2) By sending her this letter can I somehow "violate" my own RO that is against her?

Thank You

socrateaser

>1) I know she is not supposed to contact me per the RO but can
>I send her a letter of intent to exercise visitation?

If you're not restrained then you can do whatever you want.

>2) By sending her this letter can I somehow "violate" my own
>RO that is against her?

No, but you can produce facts that suggest that the order should be dropped on grounds that your actions are inconsistent with someone who needs protection from the court.

If you want to exercise your rights you need to register your custody/visitation orders in MA and then file a motion on that case number to find the other parent in contempt. Then, she will have a contempt in MA and she won't be able to use the border as a shield.