Posted: 9/24/2010 5:27:58 PM EDT
| Hypothetically, If person A has a restraining order on person B to stay away from person A and all members of person A's family, and person A permits their kids to go onto property of person B, does this in any way nullify the restraining order, temporarily or permanently? |
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Screw that person A,B,C, etc... crap. Use made up names like Alice, Bob, etc...
If Alice has a "no contact" restraining order against Bob that covers herself, her parents, & her hellspawn and later she sends, instigates, or allows her kids to contact or trespass on Bob's property then she has violated the order. Bob should contact his lawyer and possibly the police ASAP as well as make a written notes and any other video recording, documentation. Don't expect the police to do anything. Hell they may even hassle Bob, but more than likely they won't do squat about it. That's why Bob calls his lawyer 1st. Later when Bob and Alice get to court again Bob can whip out a bunch of evidence showing the judge what utter contempt and disregard that Alice had for the judges order. This usually pisses off the judge in re: Alice and anything she claims. That's a good thing for Bob. I was a witness but not a party too just such a case. If Bob has a good attorney and the judge isn't a flaming libtard female, Bob will probably come out ahead as long as he scrupulously respects the TRO. That means Bob does not contact the folks covered by the TRO to tell them to friggin leave. He calls the lawyer/police and gets them to remove them from his property. BTW, to answer your question, the only thing that rescinds or nullifies a restraining order is a countermanding order from a judge. Do not violate one, ever. Oh yeh, IANAL and YMMV! |