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    southernmomma27's Avatar
    southernmomma27 Posts: 2, Reputation: 1
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    #1

    Nov 18, 2007, 11:38 PM
    Order of protection in place but still in contact
    Help! I had to get and order of protection against my soon to be Ex husband, (long story short he pulled a knife on me in front of family and our kids, threatening to gut me like a fish) Well we went to court it was granted and th judge gave me full Custody of our two kids, which meant no contact with me or the kids for one year, well now he is trying to tell me that he can talk to the kids when ever he wants as long as he doesn't talk to me, I have tried to get in contact with the judge's' office about this but have had no luck. Does he have the right to call and talk to the kids when the order says no contact with any of us.
    charlotte234s's Avatar
    charlotte234s Posts: 1,903, Reputation: 143
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    #2

    Nov 18, 2007, 11:39 PM
    If the order says no contact, it means no contact, and he is wrong.
    charlotte234s's Avatar
    charlotte234s Posts: 1,903, Reputation: 143
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    #3

    Nov 18, 2007, 11:39 PM
    But yeah, call your lawyer or even the police to find out what to do when he does so, they will tell you what you should be doing.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Nov 20, 2007, 12:43 PM
    Quote Originally Posted by southernmomma27
    Help! I had to get and order of protection against my soon to be Ex husband, (long story short he pulled a knife on me in front of family and our kids, threatening to gut me like a fish) Well we went to court it was granted and th judge gave me full Custody of our two kids, which meant no contact with me or the kids for one year, well now he is trying to tell me that he can talk to the kids when ever he wants as long as he doesnt talk to me, I have tried to get in contact with the judge's' office about this but have had no luck. Does he have the right to call and talk to the kids when the order says no contact with any of us.

    You must have a copy of the Order - if it says no contact with you or the kids, then call the Police and show them the Order. The Judge probably isn't returning the call because he already made his decision and cannot give you legal advice.

    How is he getting messages to you if there is a no contact order?

    In some States if you obtain an Order of Protection and YOU violate it by contacting the other party the Order becomes null and void. You also cannot talk to the other party on some days about some things but not on other days about other things - it puts you in violation of the Order which then pretty much goes away.
    southernmomma27's Avatar
    southernmomma27 Posts: 2, Reputation: 1
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    #5

    Nov 22, 2007, 02:04 AM
    I can contact him to tell him if something has happened to one of the kids, or to get the insurance info for the kids, He is gettign messages to me by calling my mother, who I found out has let him talk to the kids on more then one occassin. Can she get in trouble for letting himtalk to them?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Nov 22, 2007, 10:02 AM
    Quote Originally Posted by southernmomma27
    I can contact him to tell him if something has happened to one of the kids, or to get the insurance info for the kids, He is gettign messages to me by calling my mother, who i found out has let him talk to the kids on more then one occassin. can she get in trouble for letting himtalk to them?

    In NYS, HE can be in trouble. Your mother enabled him to contact the children but I doubt you want to drag her into Court.

    There is a no contact order and he has violated it. I would NOT be happy with my mother!

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