I have a restraining order in effect, which makes it illegal for me to contact my ex; however, I am sueing her in small claims court and the laws of small claims court REQUIRE me to contact her. I am unable to write up a document and give it to law enforcement to properly serve because her only address on file is a PO BOX.
So in this case, which law is stronger? Am I allowed to send her correspondance related to the court trial or not?
2007-09-01 04:21:04 · 6 answers · asked by mukwonago53149 5 in Politics & Government ➔ Law & Ethics
These are Wisconsin State Laws.
2007-09-01 04:21:57 · update #1
The restraining order has multiple restrictions on it - including no contact.
2007-09-01 04:38:56 · update #2
We had a joint lease. She moved out and stuck me with her half of the lease which amounts to about $5,000. I have a contract showing all of this. My claim is legit and has nothing to do with harrasment.
2007-09-01 04:42:26 · update #3
There is a difference between a restraining order and a no contact order. Read over the court order and it will specify what you can and cant do. You may have to have the court mail the information to her. EDIT: Contact an attorney, he/she will draw up the paperwork and also have communication with the prosecuters office. All information will then be served by your local police or sheriff dept.
2007-09-01 04:28:54 · answer #1 · answered by Anonymous · 1⤊ 1⤋
No you can't contact her.
You need to go through a lawyer and he’ll do the work for you. Its the things lawyers do. Better safe then sorry. The lawyer should be able to handle the whole thing for you. After all you have the lease and your lawyer can explain why you’re not in court every day. So there won’t be a need for you to contact her. Your lawyer or the court will take care of that.
Now even if the claim is legitimate and you get a lawyer you still might find yourself in front of the first judge and have to explain why you sued her. But at least with a lawyer, who agrees that you have a case and that you didn’t contract her, your lawyer did, and you didn’t go to court when she was there, unless it was order by the court, and you didn’t talk to her before or after court, ETC you should be safe.
But, in this case it might be best to just walk away and not look back.
2007-09-01 05:15:11 · answer #2 · answered by Richard 7 · 0⤊ 0⤋
Tricky question. Does the restraining order say you cannot be within (x) number of feet from her or no contact whatsoever? I would ask the Small Claims Court clerk how to handle this. I would say the restraining order is stronger and your Small Claims suit may be considered as a guise to contact her.
2007-09-01 04:31:11 · answer #3 · answered by sensible_man 7 · 1⤊ 0⤋
You contact the small claims court clerk and explain to him/her. Give the restraining order reference ID and the current court's requirement and state that you do not understand how to resolve the quandary. Also point out that all you have is a P.O. Box.
Either the court will contact her on your behalf or will order you to contact her anyway thus relieving you of violation of the restraint.
It all has to be in writing.
2007-09-01 04:32:23 · answer #4 · answered by Anonymous · 2⤊ 0⤋
This is only a guess, but the restraining order probably outweighs the small claims matter.
2007-09-01 04:28:33 · answer #5 · answered by Robert K 5 · 0⤊ 1⤋
I suggest you leave the situation alone before you end up in jail. If you pursue her to get her address it can be perceived as stalking. And you really don"t want to end up in jail for that. If you are trying to take her to small claims court, the value of what she owes you couldn't be that much. Chalk it up as a lesson learned in life, before you end up with a criminal record for no apparent reason. Love wounds heal over time.Probably wasn't the girl you needed to be with anyhow..
2007-09-01 04:34:44 · answer #6 · answered by Tom Thumb 3 · 1⤊ 1⤋