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My dad has a restraining order for 3 years against him from his wife back in February 2006. He is to stay away from her and the house, but the house is both of their. but they have since reconciled and once and a while they argue and what not, if she kicks him out the house because of an argument, can he still get in trouble if she calls the police because he is living in the house again?

2006-10-30 05:10:41 · 8 answers · asked by panflick 2 in Family & Relationships Marriage & Divorce

8 answers

Your father should know better. He should have made her go to court and drop the restraining order against him. He can go to jail for a very long time for breaking the agreement of the order. He should really think about that. It doesn't matter who's name is on the house, if she has an order restraining him from her, he is in the wrong. I hope your dad has a good attorney.

2006-10-30 05:34:09 · answer #1 · answered by cookie 6 · 0 0

No, because SHE let him back into the house she voided the restraining order, in order for her to have him kept out of the house she would have to file another restraining order. However it wasn't all that smart of your father to move back in since at anytime she could do so.

2006-10-30 14:00:02 · answer #2 · answered by Anonymous · 0 0

No! At least not here.
If she has agreed to let him back in the restraining order is null and void.
I just worry that she felt the need to get a restraining order and then let him move back in! That is scary!

2006-10-30 13:14:49 · answer #3 · answered by Littlebit 6 · 1 0

OH YES!!!!! There is to be absolutley NO contact what is so ever. Even though she is allowing it, he can get in major trouble, even jail time. My ex boyfriend and I had this problem. Be VERY CAREFUL. They really need to wait until the order is over. If they get cought together it is asking for some major trouble.

2006-10-30 13:15:05 · answer #4 · answered by CHRISSY K 2 · 1 0

She She is correct. She is as much in violation of the order as he is. She can't change the order or allow forbidden things to happen. Only the court can. AS far as the courts concern they would probably say, "you blew it" your order no longer exists.

2006-10-30 17:00:13 · answer #5 · answered by Carp 5 · 0 0

Yes he can. He needs to bring the issue up at a time when they're getting along and call the attorneys and have the case dismissed, TRO and all.

2006-10-30 13:49:15 · answer #6 · answered by rdnkchic2003 4 · 0 0

I would think so. I belive your dad can take her to court saying they reconciled and they worked everything out.

2006-10-30 13:13:52 · answer #7 · answered by shyhonney 4 · 0 0

Yep.

2006-10-30 13:12:52 · answer #8 · answered by Simply Lovely 6 · 1 0

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