[Scifitree]

What is the rules,limitations of a restraining order.

[JudyKayTee]

Depends on the State and the reason for the order - I've seen no contact orders, orders that prohibit one party from approaching within X number of feet of the other and a lot of restrictions in between.

[Scifitree]

Coloardo, domestic violence, my daughter had has left her husband, she had to call the cops because he would not leave her home and he would not let her leave to go to work. He threw her car keys and her phone while she was on the phone with the cops. He got 30 days work release and a restraining order until his probation period of 18 months is done. Wanted to know, my daughter was at a store and her husband went in the store knowing she was there his sister called my daughter to see what her location was in the store so they could avoid her. He sent his sister to her to give her money to take the kids out to dinner. Is this breaking the restraining order. Does his talking through his sister to my daughter also break the order?

[JudyKayTee]

Your daughter could refuse the calls from the sister so I see no problem UNLESS the sister is part of the restraining order.

The order should state SPECIFICALLY what he can and cannot do - does he have to stay a certain number of feet from her, avoid places where she is?

If he is frightening her - and I can very well see that he possibly is - she needs to call the Police or go to the Police and ask for their assistance. She may very well have to haul him back into Court and/or get a new Order and/or get him put in jail.

I would be VERY concerned that he's lurking in a store, sending his sister to your daughter with money in hand, whatever else he's doing. If your daughter choses to pursue this she very well may have grounds for stalking.

I somehow very much doubt that this is the only store in town; therefore, being in the same place at the same time was NOT a coincidence.

Question is how threatened she feels.

I personally would not just let this go. He will (from my experience) get bolder and bolder as time goes on.

[excon]

Does his talking through his sister to my daughter also break the order?

Hello S:

I don't know the wording of the protective order, but I'll betcha it says something like NO CONTACT... Contacting your daughter through his sister is CONTACTING - plain and simple. The store thing, probably violated the order too.

excon

[ScottGem]

Just to reiterate, each RO can be different. That's why you have to look to the RO's wording to know what the limits are. Some may say the restrainee cannot have any contact. Others might say they can't come within 100 yards of the order holder.

With a situation where there are children, I would doubt if the RO specifies NO contact at all as there may need to be some contact with respect to the children. So the bottom line is to read the RO and, if there is something that is unclear, ask the court to clarify.

I'm less bothered by the sister being an intermediary then I am by him being in the same store. It depends on whether your daughter feels threatened by the sister's contact.