Welcome to SPARC Forums. Please login or sign up.

May 07, 2024, 05:24:20 PM

Login with username, password and session length

Restraining order against bm...now what?

Started by SM_in_FL, Sep 11, 2004, 10:54:05 AM

Previous topic - Next topic

SM_in_FL

Hi, Soc,
I got a restraining order against bm. In the order it makes a stip about my family and the children. This then includes my husband as "my family."

So my question is this:
1) Does that mean that the restraining order also protects sd against bm, even though bm is the custodial parent?

2) If so, is hubby able to stay with sd, even if bm is the custodial parent because of the restraining order?

Thanks,Soc!
SM

socrateaser

Need more facts, and the text of the TRO. Don't abreviate. Tell me who the affected person are and their relationship to the person who has obtained the TRO.


socrateaser


SM_in_FL

Ok, here are the paragraphs that are pertinent to my original questions:

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>.>
Pg 2 of 6

ORDERED AND ADJUDGED:

1. Violence prohibited.Respondent (bm) shall not commit, or cause any other person to commit, any acts of violence against Petitioner (me, the sm) including assault, battery, sexual battery, or stalking. Respondent shall not commit any other violation of the injunction through an intentional unlawful threat, word or act to do violence to Petitioner.

2. NO CONTACT. RESPONDENT SHALL HAVE NO CONTACT WITH PETITIONER UNLESS OTHERWISE PROVIDED IN THIS SECTION.

a. Unless otherwise provided herein, Respondent shall have no contact with the Petitioner. Respondent shall not directly or indirectly contact Petitioner in person, by mail, e-mail, fax, telephone, through another person (like dh??), or in any other manner. Further, Respondent shall not contact or have any third party contact anyone connected with Petitioner's employment or school to inquire about Petitioner or to send any messages to Petitioner. Unless otherwise provided herein, Respondent shall not go to, in, or within 500 feet of: Petitioner's current address (omitted) or any residence to which Petitioner may move:Petitioner;s current or any subsequent place of employment or where Petitioner attends school or the following other places (if requested by Petitioner) where Petitioner or Petitioner's minor children go often.

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

1) Ok, so, Soc, Please interpret this for me in plain english with regards to the part where it says anyone connected with petitioner and petitioner's minor children.

2) Now, since sd is connected to me through hubby, does that change matters any? (Like if she calls hubby would she be violating the restraining order?)

3) Does that mean that hubby can physically keep sd from bm under this restraining order even if bm is the custodial parent?

4) If not, during exchanges, what can be done if no one connected to her can come near my house???
 
5) any other advice would be greatly appreciated!!!
Thanks tons, Soc
SM

socrateaser

>1) Ok, so, Soc, Please interpret this for me in plain english
>with regards to the part where it says anyone connected with
>petitioner and petitioner's minor children.

The order is directed specifically at contact with you, not your family. If bm contacts your dh, that's ok, as long as it's not for the purpose of relaying messages to you. bm can't come within 500 ft of your residence, however, this doesn't mean that bm cannot exercise custody -- it just means that all transfers must be beyond the 500 ft perimeter boundary.

>
>2) Now, since sd is connected to me through hubby, does that
>change matters any? (Like if she calls hubby would she be
>violating the restraining order?)

Not unless the call was made to harrass or contact you.

>
>3) Does that mean that hubby can physically keep sd from bm
>under this restraining order even if bm is the custodial
>parent?

No. There's nothing in the order that affects bm or your dh's custody orders, except that a different transfer point other than your home will need to be arranged.

>
>4) If not, during exchanges, what can be done if no one
>connected to her can come near my house???

500 ft. see above.