What constitutes a restraining order violation?

[nomeansno]

What is the name of your state? CO

I'm sorry, I couldn't figure out where this topic would go, but since it was a civil restraining order I decided to put it here. If there is a better place to put it just let me know and I'll move it.

My family just got a phone call from someone giving us a headup that the neighbor from hell has written yet another letter to the editor regarding my family and it will be printed tomorrow.

My Grandmother sued her neighbors over a rip off on a remodel they contracted to do in 2000, and won. Things got really insane, cops at the house 6 times in one week. many, many court apperances, and an attempted murder accusation against yours truly. THe cops however could not charge me because I was still in bed at the time it was first reported, and she changed to location three times and the direction she was crossing the street twice.

It finally came to a point where the local judge issued a dual restraining order in place to protect my Grandmother from the neighbors and the other way around.

My Grandmother called and asked me if these frequent letters to the editor are a violation of the restraining order, I don't really think they are but I thought I'd ask someone with more experience than I have.

What complicates the matter is my Mother is now an elected public official, which makes us a bit more public, and an easy target for attacks through the newspaper.

There have been numerous letters, we have a weekly paper and they are written once a month. The Editor doesn't really care for them, but the times he has refused to print them have ended with him being harassed for "hiding the truth."

She is convinced that there is a huge conspiracy theory involving my entire family and several public officials. She thinks we haven't been ticketed for ordinance violations when we either have been, or in one case we weren't even involved at all. That was when my ex-mother-in-laws dog attacked a chicken and when the crazy neighbor heard it was my sons Grandmother she came up with the rest without bother to verify facts. We weren't cited, but we weren't even there...

She has stated that my mother tried to close down a business just because it was competition, when real issue was it's location inside a building with a partially collapsed roof, one room was totally unusable and open to the elements from above. It was a safty hazard and my Mom had nothing to do with it. WE are actually good friends with the owner.

Anyhow, once again she believes we have been protected from being ticketed for a disabled vehicle which is against town ordinances. Not only did I notify the Town Board of its location and why it was there... but why we couldn't move it without a flatbed or tow truck. Clean-up letters will go out soon and they said I will be cited if it isn't moved by then... and when that didn't get her anywhere someone filed a complint with the Sheriff's Dept. I was expecting a citation, but haven't gotten one yet...

It is frustrating, but I feel like we are totally helpless. We have already been drug through the mud, and through the courts enough times. We just try to ignore her and hope she goes away. She just wont give up.

I have told my family numerous times, I believe our only recourse is a lawsuit citing libel, etc. However my mother being an elected official adds some difficulty. My family does not wish to get into a lawsuit or enter a courtroom again.

So are repeated letters to the editor and posted online cause for a restraining order violation?

Even if they are our only choice would be to take it back to court anyhow correct?

I'm just checking so I can pass the correct info on to my family.

Why is it poeple like that are always convinced there is a conspiracy theory when they don't get exactly what they want? Can't it just be that she might be wrong on ocassion?

*shakes head* small towns, if my Grandmother would move we'd be out of here in a heartbeat.

 

[Rexlan]

No **************

 

[quincy]

The letters to the editor could be a violation of the mutual restraining order between your grandmother and the neighbors, depending on how the restraining order is worded, and depending on if the letters are an attack by the neighbors on your grandmother and not on other members of your family only.

If the restraining order includes an "harassment" provision, then there is a possibility the letters could be considered a form of harassment against your grandmother - again, if the letters were about her. An attorney would be able to advise you on that and, perhaps, draft a cease-and-desist letter to the neighbors to prevent continued harassment.

If not a violation of the restraining order that exists between your grandmother and the neighbors, then you always have an option of "answering" the letters with a letter of your own, disputing any facts presented in the letters, or stating opinions of your own. This will not please the newspaper, but I have seen letter-rebuttals often in the past, generally in small local newspapers. This could, however, escalate any problems you are already having, and may not be your best course of action. And you would have to be very careful not to libel anyone in the process, by sticking only to provable facts or pure opinion. Again, I would seek the advice of an attorney before drafting any letters of your own for publication, as you could unwittingly open yourself up to a defamation suit.

You are right that an elected official has a higher burden of proof in libel cases, and must show not only the falsity of words printed but that the words were printed with "actual malice". This is not easy to prove. A demonstrated reputational injury must result from the words, as well.

Because libel suits are extremely expensive, and especially difficult for an elected official to win, I am not at all sure your mother would want to take this route - certainly not without discussing the matter fully with an attorney well-versed in defamation law and, even then, carefully considering her chances of success with such a suit and carefully considering the ramifications of such a suit on her political career.

Letters to the editor are a hard thing to base any defamation action on, as they are, by their very nature, looked on as opinion.

Opinion is free speech, and opinion is a form of free speech that is especially protected when it comes to criticizing public officials and their public acts. If the letters from the neighbor are worded as opinion only, with no false facts or implication of false fact, there is little your grandmother, your mother, or you can do to keep the letters from being printed.

A newspaper editor does have the ability, and often the need, to limit the number of letters printed, but I would not rely on the editor alone to stop the neighbors' harassment.

Seeking the advice of an attorney in your area is probably your wisest move.

 

[nomeansno]

Sorry about how long it took to respond, I lost connection and then got busy and couldn't remember if I actually posted this or just thought about it.

That's pretty much what I told my family. My Grandmother refuses to go to court again, and I can't say I blame her. The attacks on my Grandmother are veiled, and so I don't think they really count.

In one place she said that my grandmothers yard looked like hell. Since my Grandma takes great pride in her yard it hurts her but it's not exaclty deadly. Two people stopped her in her yad that day just to tell her how nice her yard looked so if anything it is to be considered an endorsement. It's mostly things like at, and I just don't see a judge wasting time on that.

The letter didn't stop in the paper, she reprinted it online and then printed a second part. She is averaging letters once a week at the moment. What could we do? Someone offered to help us move the truck after the letter, and we took them up on it.

The restraining order itself says there is to be no communication written, verbal, or otherwise. Honestly, I personally would't advise my grandmother to push the issue because it has affected her health. She was 135 when all of this started and eight years later we struggle to keep her above 94 pounds. She is 77 years old, and I'd like to see her enjoy whatever is left of her life.

Thanks again for the food for thought... I will pass it on, and tell them the same thing everyone else has been telling us for eight years. Ignore it. I wont add the it will go away part, because I no longer believe that is possible. Sometimes I think if we moved to another town the woman would follow us just so she had something to do.