If my ex-partner is subject to a temporary restarining order but he gave a cell phone to our 5 year old with his number on it, is that a violation of the order?

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If my ex-partner is subject to a temporary restarining order but he gave a cell phone to our 5 year old with his number on it, is that a violation of the order?

After the first hearing, the restraining order was maintained and a 50/50 custody plan established until next hearing. Before they came home for my 50% time of the custody, my ex-spouse provided a cell phone to our child. Isn’t that a violation of the order even if my ex-spouse doesn’t call him directly?

Asked on April 15, 2012 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am having a little trouble figureing out things here.  Is the restraining order against you?  I assume so because you speak of a 50/50 custody plan.  So he can have contact with the child and often a parent gives the child a cell phone to be able to reach them and there is no interference from the parent that has them at the moment.  If you think it violates some agreement ask an attorney in your area.


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