Does sending gifts violate a no contact order?

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Does sending gifts violate a no contact order?

My daughter’s mother sent her a diamond ring. She has a no contact order placed against her and is not suppose to have any communication with her. Does this break the order?

Asked on March 2, 2011 under Family Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

For a precise or definite answer, you need to look at the text of the order, and if there is anything at all ambiguous in it, bring it to a lawyer (a family lawyer) to review for and with you. That said, assuming that order specifies "no communication," then yes, sending the ring would be a violation of it. Gifting is a form of communication or contact. So in the simplest--and most stringent--form of an order of this type, sending a diamond is a very expensive and somewhat ususual way to violate the order, but is just as much of a violation as sending a letter or postcard. Again, if you have any doubts, have a lawyer review  the order and situation, but there is nothing about the type or value of the gift that would inherently take it out from under the order's purview.


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