Restraining orders...

[Sunshine1]

In MN

No contact orders exists between BM and SM.  Orders state that "no pictures or photographs shall be taken of the Petitioner".  DH has custody.  Due to many lies and false police reports,  DH and SM video tape all exchanges with BM.

Two weekends ago an officer told me (SM) that I should video tape everything to protect myself if constant harrassment continues.  This evening I got a different officer that says that I am not allowed to video tape BM and that I broke the order.  I told him that 2 weeks ago another officer from this very same station told me TO video tape everything to protect myself.  He was very very nice, the other cop tonight was a total jerk and was yelling at me.  He told me I was violating the order and was going to send it on to the district attorney and he would note in the report that I "quoted" we video tape becaue of false allegations, I said " I video tape all exchanges for my safety and my DH's.  DH said, We don't video tape her we video tape the boys."

Dh is mad at me that I didn't say the exact same thing he did, and that I should of said that we vidoe tape the boys.  The cop said that DH was violating the order as well by 3rd party harrassment.  I got snotty after that..(bad idea, but I figured what the heck..he already wanted to arrest me).  I asked him why every time we have an exchange there is something new?  He said I can't speak for the other officer, you were miss informed.  I said well I have strict orders from our lawyer (which I do) that we are to video tape anything regarding the children for our immediate protection due to false allegations.  He said lawyers don't make the laws....(yeah but apparently they know them better than this guy)

I told him that if he would look up the file there is a new report about something new EOW and you will see the pattern.  I also recommended that he check with her county because she was just charged with filing a false police report.

He goes what exactly do you want us to do?  I told him, you can't help us!  We get a different story every time we are here.  I asked him for his name and he says I'll do better you can have my card.  I said thank you and I got in the car because I was so mad.  DH is still steaming.  They proceeded to go over to her and they then filled out a report.  We left.

SOC!!  I could just pull my hair out!

This no contact order has been in effect since Sept.  BM has tried every day since then to get me arrested. (no Joke)


1.  Is it illegal for me or DH to video tape the exchanges with BM at a POLICE safety center?

2. Is it 3rd party harrassment that because of this order, now DH is not even allowed to video tape his exchanges?

3.Is there anything I can file for this constant harassment?  I mean seriously!  I am being harrassed with a harassment restraining order!

4. Any other glorious words of wisdom you may have for us?  Please?

*side note*  I wouldn't go to the exchanges at all but we have no other 3rd party that will go along or can go along, so lawyer said to keep going to exchanges and videotape.

5.  Why would my lawyer tell me to do that, if I was breaking an order?

Thank you!   Thank you!  Thank you!

[socrateaser]

>1.  Is it illegal for me or DH to video tape the exchanges
>with BM at a POLICE safety center?

I have no idea. Ask the police to show you the statutory authority, and post your court order here so I can read it.

>2. Is it 3rd party harrassment that because of this order, now
>DH is not even allowed to video tape his exchanges?

Post the order. LOL.

>
>3.Is there anything I can file for this constant harassment?
>I mean seriously!  I am being harrassed with a harassment
>restraining order!

You can file your nails, but if you don't post the order, then I am at a loss to provide any advice.

>
>4. Any other glorious words of wisdom you may have for us?
>Please?

Yes, but you'd slap me.

>5.  Why would my lawyer tell me to do that, if I was breaking
>an order?

I dunno, ask your attorney. I think the 2nd cop was jerkin' your chain in order to prevent any probability of a fight in the safety center. But, I don't know. You need to get the cops to cite the authority for the contention that the video is illegal.

[Sunshine1]

#1.  Have to post it later...


#5.  Lawyer said to keep doing what we are doing...so I hope there is a method to his madness.

I will repost the court order.  It is just a basic harassment restraining order.

[socrateaser]

Either I didn't read your first post carefully enough, or you edited it after I read it. I now see that the order states expressly that no pictures of the othe party are to be taken.

This order probably violates due process, because it unreasonably prevents you from obtaining what would otherwise be admissible and relevant evidence in your pending action. It also probably is a prior restraint on 1st Amendment freedom of expression, because it prevents you from taking a photograph for a potentially artistic use, even if done in a nonharrassing/nonintrusive manner.

HOWEVER, the second police officer is correct. The judge makes the law of the case, and the police, once informed of that case law, must enforce it.

Your attorney, on the other hand, has a right to advance a good faith challenge to any law believed to be invalid or unenforceable. So, he can advise you to video as a challenge to the court order, however he SHOULD be telling you that your actions could subject you to arrest, so that you know that there is a risk involved.

To conclude, what you are doing violates the law of the court order, and you could be arrested by the police for the violation, if the restraining order is a typical hybrid that contains criminal arrest and fine provisions. However, your attorney can seek to challenge the order by advising that you violate its terms. He should tell you if that's what he intendes, because failure to do so could subject him to suspension or disbarrment for violation of the Rules of Professional Conduct.