Is My Ex Violating Her Own Restraining Order?

[langavi]

What is the name of your state (only U.S. law)? Florida

My question involves restraining orders in the State of Florida

My ex put a restraining order on me in June of this year. I am not allowed within 100 ft of her or have any contact with her or our two year old son. The only reason why she put the retraining order on me was b/c her child custody attorney told her to b/c we got into a heated argument the day before the custody hearing. He said it would be good for her case and a way to force me to go to drug rehab & anger management program. Since I was served with the retrainging order she has been contacting me on a regular basis (by telephone & email) insulting me and my new girlfriend b/c she thinks that she is encouraging and supporting my "drug habit" (i see nothing wrong with smoking weed but that's a different stroy all together) and threatening to take away our son from me for good if I don't break it off with her. I've called her back a couple of times and have sent her a couple of emails to see how my son is doing and she's ok with it unless she's in a bad mood and then she starts with the threats again including calling the cops. She finally came to her senses a couple of weeks ago and asked that all three of us (me, my new girlfriend & her) meet up so we can sit down and talk like adults and try to come to some type of agreement that would work out for the best interest of our son. My girlfriend and I agreed that we would stop smoking pot and that I would start the programs and do the drug testing bit as long as i had some type of visitation. Keep in mind that the restraining order is still in effect this entire time. The meeting had a positive outcome and we all went out to dinner after and even made plans to go to the Seaquarium that weekend. But, like an idiot as soon as my girl and I got home we decided to smoke our last joint and some how the ex found out about it. I did get to see my son that weekend and realized I completely screwed everything up but now we're back to square one. I haven't called her and have only replied (short and straight to the point) to her emails... but she has kept calling me insulting me again... my contempt of court order hearing (for not registering for the programs) is coming up. Can I tell the judge that she is constatnly calling me? Is my ex violating her own restraining order? Can she get into trouble? Can i have the restraing order removed and be able to see my son?

 

[stealth2]

Unless it is a mutual restraining order (and it sounds like it is not), she's allowed to contact you but you are not to have ANY contact with her. Which is something that it sounds as though you've been doing. In other words, you've repeatedly violated the order and could be in a pretty big pot of boiling water.

Frankly, it's time for you to grow up. You're a father - start acting like one. Get rid of the habit, work out your anger issues and become a man your son can be proud of.

 

[Hot Topic]

This is between you and your ex-wife. Your ex can insult your girlfriend. She can say that she thinks she's encouraging your use of pot. Your girlfriend has no legal rights when it comes to your relationship with your ex. She has no legal rights when it comes to your son. Even if the two of you marry, she'll have no legal rights where he's concerned.

 

[BL]

Well , it would look pretty odd that you are not to have any contact with her or your son , but she initiates calling you , then both of you engage in violations .

While I can understand you wanting to work it out , a court order stands , and you could simply have screened the calls and not reply .

You better make some appointments for you classes , if ordered to do so .

And perhaps be ready to hear an earful .