SPARC Forums

If my DH has an RO against him ( from Thanksgiving time and issued based on lies of course--but we all say that ;-) and we're going to get it thrown out.)which states he cannot contact his ex or any of her children from a previous marriage or his own 6 YO son or her work and we have the son for this past week and she calls here...

Is she in violation of the order as well?

The language says nothing about her contacting him, just that he can't contact her or her home or work or anyone in it even if she requests it.

RF

Contempt must be willful. She could be alleged to have encouraged your violation of the order, and therefore is in contempt, because she knows the order does not permit you to contact her. It's a judgment call, and since the child is with you, I'd say the judge wouldn't find contempt. But, these contacts certainly argue that the ex is not really afraid of contact, and therefore, that the facts on which the original RO was based are false.

Record the calls and use them as evidence to throw out the RO.