restraining order question

[mom2525]

What is the name of your state (only U.S. law)? NY
This may be a silly question but if you have a restraining order out against someone and it states that he can't be within 100 feet of you ... what happens if your at a family / friend / school function and he shows up ... he's still not allowed within 100 feet so does that mean he has to leave ?
Or vice versa, he was there first and then I show up, would then I have to leave ?

thank you very much for your time.

 

[Ohiogal]

He is to leave. UNLESS it is someplace that you know he works. Then it means you need to use common sense. But he is to leave if you show up where he is.

 

[THE1involved]

What happens if they each have children that go to the same school?

 

[j991]

Ohiogal is incorrect. The issue of complying with the restraining order doesn't deal only with school/religious functions, but any time you may find yourself in close proximity to him. If he is at a location, be it the supermarket or school function, he has the right to be there just because you show up doesn't mean he has to leave. When that happens he must maintain the specified distance, 100ft, or attempt to comply using reasonable means. This is to keep people from harassing the person the order is against. I am not accusing you of this, but some people in the past have followed around the person say to Wal-Mart and then called the cops saying he violated the order. The courts have determine that the restrainging order shall not impede a persons right of free movement. For example, if he was at a school recital first and you show up and see him there, provided he also sees you, then he can move to the opposite side of the room to maintain as much space as possible. If he doesn't see you and has no notice that you are there, then he has no obligation to do anything. The obligation then falls on you to maintaint a proper distance. If you don't then he can file harassment charges against you.

 

[THE1involved]

That is great information! I wonder if it applies in most states though.

 

[mommyof4]

Doesn't YOUR restraining order specifically state that you may not be at the school? Isn't that part of what you were supposed to discuss with your attY?