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RO Language Question

Started by avalon, Feb 13, 2004, 01:53:57 PM

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avalon

Hi-

My DH has a bogus (o course) RO we're trying to get rid of. In the meantime, the language reads that he "cannot contact the complaintant (his ex), or any of the parties listed below by phone, mail or person." The parties listed are her three children from her first marriage (who he raised for 10 years), but not his own son. He has his regular visitiation with his son, but has to make sure he doesn't set foot on the porch or talk to any of the 4 listed people.

We've always assumed (for the past three months) that the language means he can't contact the home AT ALL, but it doesn't say that in actuality, so
 
My question is:

Can he call his son at his ex's  home and ask for him?   If the ex or the others  answers the phone, and he asks for his son, is he in violation? He's not contacting them, but his son really.

Rachel

socrateaser

Technically, he could call and ask for his son, because he would not be willfully intent on contacting anyone prohibited by the order. Trouble is, that with the typical conditions of a State restraining order sponsored through the Federal "Violence against Women Act," of which I suspect your order is one, the protected party can call the police and allege a violation, and the restrained party will be arrested without warning.

In short, I would be looking to the court for an order clarifying your rights before testing the waters, because I would want you to be able to hand a certified copy to any law enforcement officer who arrived at your door, thereby avoiding a night in the slammer.