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restraining order violation?

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C

cantona

Guest
montana.
if someone has been stalked and has had a restraining order put in place against an ex, obviously if the ex continues to telephone then she has violated the order.
however - if the person who originally had the order put in place, accepts a telephone call and talks to that person, have they too violated the order, thus making it invalid?
 


Beth3

Senior Member
A restraining order is a court order and only the court can invalidate it. It's not a contract that becomes invalid if one or both parties violate the terms of an agreement they voluntarily enter into.

If the person obtaining the RO violates the terms, the judge can impose sanctions just as he/she can on the other party named in the RO. In other words, two wrongs don't make a right.
 
A

Axle

Guest
As to your question, no, the petitionor has not lost any civil liberties, only the respondent. The petitionor can contact the respondent all day long and lure and bait them and it's perfectly legal. The only person that can make it invalid is the judge, but he won't.

The judge will not impose any sanctions on the petitionor either because they will be viewed as anti-victim and it could affect their career on the bench. CYA.
 

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