Gated Communities

[CdwJava]

We did try to get him on violation of No Contact Order 3 months ago when he drove by our previous residence (we had photos of his truck in our cul-de-sac). Judge said since he was on Public Road, and did not have actual contact with the children...No Contact Order does not specify a distance, it simply says he cannot have any contact with the children.

That presents a problem, then.

The courts are definitely on his side, it appears.

Not likely. But, they are on the side of the law. If he has no contact, he cannot possibly be in violation of the order. You wouldn't really want the police and the courts making a call like, "Well, he kinda violated the law, so we'll arrest him/her anyway." It can only work if the boundaries are clearly defined.

Believe you when I tell you I fear he will harm me if given the chance...how would you like getting notes on your car describing what you were wearing when you leave from work?

Sounds like a possible element of stalking to me.

It appears only trespassing may work...for now, we have arranged to not have the mother come to our house at all...

Good. Then the trespass issue should not be one at all.

No one here is arguing that this guy is a saint or good in any way, but the law has to be broken before a crime can be alleged. The assumption I had - and, I assume that other posters had - was that no such order existed and that this guy was accompanying mom to pick up the kids. In that circumstance, you would not have much legal ground to deny him entry. But, if he has an order preventing contact with the kids, and he is with mom when she picks up the kids, then he is violating the order.

- Carl

 

[outonbail]

If this guy is as dangerous as you claim and he is leaving notes describing what you are wearing and following you around, it shouldn't be too hard to convince a judge to issue a protective order instructing him not to contact you or come within a specific distance from you.

Have you personally tried to get a protective order and brought the notes he's left you in to court for the judge to see?

If everything is as you are presenting it here, I can't believe that a judge wouldn't grant you a permanent order of protection.

In this day and age, where so many people have been harmed or worse, subsequent to seeking and in many cases receiving a protective order, that I can't believe a Judge would risk your safety and his/her reputation by refusing you the courts protection under the circumstances you describe.

Something doesn't add up. Perhaps the judge believes you're exaggerating the threat this guy poses, in order to get one up on the ex wife?