My brother in laws ex wife is a nut job,and in order to have a free lawyer for their divorce, she lied to get a restraining order and today he got a motion to appear in court from her saying he violaeted his restraining order, beacuse he sent a package to the kids for x-mas w/ pics of him hunting & cleaning guns,etc: for hunting ( which he borrowed just for tht )and in one pic there are 2 beers in the backround...& sum x-box games for his 16 year old son but she says it was sent to his 11 year old son, & she said he poured beer all over the presents & the box ( which he dint and never even would think of doing ) we cant aford a lawyer and he has to go to court july 19 in Colorado & we live in texas....by law did he even really violate his order, cuz it only says tht he is not allowed to be with in so many feet of them, is it honestly considdered innapropriate to send pictures of hunting, which is a father & son sport?? Is it possible he can go to jail for this?
2006-06-28 11:41:32 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
most states consider any contact to be a violation. and yes it is possible he could go to jail but i highly doubt this. most cases like this come down to a he said she said kinda thing. best advise, telll him to dress nice, be honest, keep his temper, and check around and see if colorado has a free legal service of some kind most states do. i hope everythin come out ok.
2006-06-28 11:53:47 · answer #1 · answered by gijason 2 · 1⤊ 0⤋
I'm not sure about the laws there, but I know in North Carolina if you have a restraining order against you, you cannot come in contact with that person for any reason. Here it would be in violation because sending a package would be a form of contact.
However, every restraining order is different. Your brother-in-law should've gotten a copy of it, and it should have the details of the restraining order. How many feet he can't come near her, where he cannot go, etc. If he doesn't have a copy, he can get one from the courts it was filed under. If you can't afford a lawyer, you should be able to go to your local Social Services Dept. & request one for free.
Sorry to hear about this, it's a shame that people lie to hurt others, but she'll get what she deserves in the end. Goodluck to you & your family.
2006-06-28 11:49:34 · answer #2 · answered by jasonsjewel 2 · 0⤊ 0⤋
I think you need to read the order of protection , If it is an A order ( full order of protection - stay away - no contact ) then yes he can go to jail , because it clearly states under no circumstances should he contact her at her home , place of employment , school , ect.
Now if it is a B order ( partial - non-stay away ) then no , because it states that he should not harass , intimidate , verbally or physically threaten , ect . By sending his children gifts should be no problems with this type of order . So it depends on the order and the state .
2006-06-28 11:54:03 · answer #3 · answered by pure_sweetness1984 2 · 0⤊ 0⤋
Make a response to the motion that he has been in Texas and get someone to sign an affidavit to that effect and send it. The motion should be dismissed unless it is spelled out that he can have no contact whatsoever!
The motion you would be making is Motion to Dismiss on the basis that he was in Texas
You usually have about 10 days to respond.
2006-06-28 12:05:50 · answer #4 · answered by cantcu 7 · 0⤊ 0⤋
I bet there if you call the place where she got the restraining order and asked about the law ,You would find out exactly what your brother is in for and not in for .
2006-06-28 11:52:24 · answer #5 · answered by Sunshine* 3 · 0⤊ 0⤋
Sending pictures of him cleaning guns could be considered a threat in that situation. It might help your brother to get counciling.
2006-06-28 11:50:07 · answer #6 · answered by ralahinn1 7 · 0⤊ 0⤋
The R/O limits your habit, not hers. whilst the choose won't be happy along with her there is little he can do to her. You, on the different hand, intend to circulate to courtroom and admit you violated the order many times. Hmmm, ask your self what is going to happen next... think of formerly you bark.
2016-12-08 13:39:52 · answer #7 · answered by Anonymous · 0⤊ 0⤋
No unless they have proof of all this. What a *****. I know how it's like.
2006-06-28 12:03:54 · answer #8 · answered by misspharry1017 2 · 0⤊ 0⤋