Possible violation of permanent restraining order

Question Details:

My boyfriend's ex-wife had a permanent restraining order placed on him years ago. She is coming out for Christmas and will want to visit their son, who happens to live right next door to his dad. My boyfriend is not to be within 1000 ft of the ex and it will be less than 100 ft if she comes to the son's house. Can my boyfriend get in trouble ? Or can he actually tell her she can't come to the son's house cause it would put him violation of the restraining order ?

Asked 11/9/2009 under Criminal Defense | 426 View(s) | More Legal Topics

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Criminal Defense Law Answers

I think it's extremely unlikely that he will be found in violation if he is inside the house when she is around;  if he needs to come in or go out when she is in town, I'd suggest that you (or another friend) go outside to make sure that "the coast is clear" first.

Most courts take a common-sense approach to this sort of thing.  For example, a no-contact order isn't violated by finding yourself, in your car, stopped at a red light alongside the car of someone with an order against you, as long as it was by accident. But, in that situation, I have seen the restrained person's decision to roll down the window, on the side toward the other person, treated as a "threat of contact" and therefore a violation.

Another good idea would be for your boyfriend to have a lawyer on board ahead of time, with all the background, so that he or she can jump right in if there's an incident or an arrest.

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