I just filed the divorce papers a couple of days ago, and I got a call from his so called lawyer asking if I even filed then or had them served yet. My friend said it may be illegal for her to contact me at all?
2006-10-13 02:44:45 · 9 answers · asked by walkinbyfaith7 3 in Politics & Government ➔ Law & Ethics
It depends on the terms of the restraining order. But non-direct contact, through lawyers, might be acceptable in the terms of the restraining order. Best to ask law officials or a lawyer that knows the specifics of your case, and local laws.
2006-10-13 02:47:54 · answer #1 · answered by Emma 2 · 0⤊ 0⤋
I would not discuss the sistuation with anyone over the phone. If your lawyer calls you, ask for an in person meeting or emails only, This will help you be certain of who you are talking with. Also, get a home phone recorder. If anyone calls claiming to be an attorney ask for his/ her name and contact number. Nothing else. Don't tell them anything. Then give your attorney the name and number of the caller. Attornery usually don't call parties invloved in a divorce hearing. If your ex has put some up to calling you, that person may be able to be prosecuted for fradulently identifing themselves as an attorney. Call the DAs office to find out the laws on this. If he calls you he can be picked up by the police for breaking a restraining order.
2006-10-13 09:53:04 · answer #2 · answered by bamagrits84 3 · 0⤊ 0⤋
It is not illegal for his LAWYER to contact you. I would think the lawyer would know the law on this subject. As for the rest of it, it depends on what your restraining order says.
2006-10-13 10:21:03 · answer #3 · answered by Goose&Tonic 6 · 0⤊ 0⤋
A restraining order applies only to the specific person listed on the order, i.e. only your ex is restricted from contacting you.
It is not illegal for someone's lawyer to contact you, regardless of the situation you have with the person they represent.
You should simply direct his lawyer to contact your lawyer as that is what your lawyer is there for.
2006-10-13 09:54:27 · answer #4 · answered by Phoenix, Wise Guru 7 · 0⤊ 0⤋
It depends on what the restraining order says. It could be an order not to contact you at all (in which case, it would be illegal) or it could be an order providing some other kind of injunctive relief.
More info: http://en.wikipedia.org/wiki/Restraining_order
2006-10-13 09:49:15 · answer #5 · answered by DoNNy 2 · 0⤊ 0⤋
You don't have a restraining order against his legal consultant. In order to get a divorce at some point you will have to be in the same courtroom.
2006-10-13 09:48:43 · answer #6 · answered by Grev 4 · 0⤊ 0⤋
It is both proper & necessary for your husband's lawyer to contact you. How else will you be able to coordinate the various matters necessary to finalize a divorce?
2006-10-13 10:21:12 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I think that he can. Now if you have a no contact order that would be different. Try getting one of those as well. Good Luck to you.
2006-10-13 09:52:07 · answer #8 · answered by babygirl4u 3 · 0⤊ 0⤋
he can but only through your lawyer usually by letter
2006-10-13 09:46:02 · answer #9 · answered by Anonymous · 0⤊ 0⤋