I think my friend is getting one pulled over on her. A girl took out a restraining order on her exboyfriend and they go to court on the 30th. She has since called, messaged, and written this guy, but they are still going to court. Question: Isn't the restraining order null and void now???? She can't contact him even though she is the one filing the restraining order, can she???? This guy told my friend that all restraining orders are different, and she can contact him, but he can't contact her with this order. I call bull sh*t on that one. I have never heard of such a thing. I thought you BOTH had to abide by the order or it was broken.
Also, does a restraining order go "on your record"???
Thanks for any help.
2006-11-28 04:53:06 · 12 answers · asked by 3rdtimesacharm 3 in Politics & Government ➔ Law Enforcement & Police
A restraining order binds both parties, any contact by her or him is a violation and should be addressed through the local police.
2006-11-28 04:56:59 · answer #1 · answered by SICKO 2 4 · 1⤊ 0⤋
Each state's law is different, and each restraining order is different. For example, a domestic violence "no contact" order, which usually requires a finding of domestic violence, usually only binds the defendant/respondant. Some states, such as Iowa, have an "aiding and abetting" law that forbids anyone (including the victim of domestic violence) from aiding and abetting in the violation of the order. Thus, if victim calls defendant, she's aiding and abetting the defendant having contact with her. While this is not technically a violation of the order, it can be gounds for punishment.
General, non-DV restraining orders can be quite a bit different. Most of the time, they are mutual restraining orders, which bind both parties. But not always.
Most important, however, is that these contacts by the alleged victim can and will be used as proof at the hearing that she doesn't need the permanent order (I'm assuming there's a temporary order in place, and they're going to court for a permanent order for a year or so). How can she convince a judge that she's in fear for her safety or that she's being harassed if she's contacting him? So whether or not she's going to be punished, don't expect her to be viewed favorably by the judge.
As to whether the restraining order goes "on your record," civil restraining orders are merely civil judgments, and unless they're violated, would not technically be a part of a person's criminal record. Certain types of DV-related orders, however, DO affect a person's right to possess firearms under the federal Violence Against Women Act (VAWA). Further, when the order is transmitted to police officers, that county would have it on file, and it would be "on the record."
Criminal orders that result from a charge of domestic violence or assault, etc., would be on a person's criminal record automatically.
2006-11-28 06:03:41 · answer #2 · answered by Perdendosi 7 · 2⤊ 0⤋
When a person takes out a restraining order, neither party is to be in contact with the other and usally it states on the restraining order the dates or time limit on them, usually about 6 months or a year. It shows on your police record unless it is removed by other party by that i mean dropped.
2006-11-28 05:02:34 · answer #3 · answered by Chido 36 2 · 2⤊ 0⤋
Different states have different laws regarding restraining orders. In Connecticut, no contact whatsoever is allowed between the two parties, regardless of who initiated it. Yes, a restraining order goes on your "record." In CT, anyone who has had a restraining order brought against them cannot get a pistol permit. Check on your state government website.
2006-11-28 05:01:53 · answer #4 · answered by Anonymous · 2⤊ 0⤋
When a neighbour wanted to place a domestic violence order on me my lawyer advised me that here in Australia it does not appear on your record as you are not being convicted of anything.
Also both parties are bound by the restraining order. Her breking the restraining order does not make it null and void. It does mean he can contact police about a violation of the order and she can be charged.
2006-11-28 06:23:24 · answer #5 · answered by wollemi_pine_writer 6 · 1⤊ 0⤋
No she is not suppose to be contacting him, usually restraining orders are to keep that person away from you. Unless they have children and need to speak. If he decides to report her, she's going to find herself in trouble. Yes, a restraining could appear on your record.
2006-11-28 05:04:12 · answer #6 · answered by us5we2 3 · 1⤊ 0⤋
If she has filed the order she should not be in worry if she chooses to break it--yet she's making a huge mistake if she does. The restraining order became placed into result to guard her from this guy. The court gadget gained't take her heavily if she deliberately places herself in position to be close to him.
2016-11-29 21:33:11 · answer #7 · answered by Anonymous · 0⤊ 0⤋
A restraining order is for both parties. Regardless who filed. She could go to jail for contacting him, if he brings it up in court. If he responded to her they both could go to jail.
2006-11-28 05:03:25 · answer #8 · answered by Anonymous · 1⤊ 0⤋
yeah thats a violation of the order..and yes restraining orders go on your record.
2006-11-28 05:00:18 · answer #9 · answered by southpaw1416 2 · 2⤊ 0⤋
He needs to keep records of every time she contacts date/time etc. if she text messages him...keep the text on the phone, if she emails, print it. If she leaves voice mail, don't delete them. When he goes to court, make sure he has all the records with him and the judge will throw it out of court!
2006-11-28 05:06:09 · answer #10 · answered by Shelly B 5 · 1⤊ 0⤋