When does a restraining order go into effect?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
When does a restraining order go into effect?
My cousin filed a restraining order against her ex. She picked up the paperwork this morning when the temporary order was granted, but her ex hadn’t been served yet. He sent her a text today and she got angry and replied, “Leave me alone”. It turns out her ex hadn’t been served yet. Is she in trouble for returning the text? I heard that the order isn’t in effect until the other party is served. As of an hour ago he’s been served, but he wasn’t at the time she replied to his text.
Asked on May 3, 2011 under Family Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You have used your common sense here as it stands to reason that party can not be held accountable in a violation of a restraining order if they do not know that the order exists. Serving them with the order is how they generally know it exists. Although she should try and refrain from texting him back - I know how emotional and difficult the situation is to ask that - she should really not worry too much about what happened at this juncture. However, please ask her to not to have any contact - intentional contact - with him from this point on. And if he is served and violated the order then she needs to report that asap. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.