QUESTION
Could this ongoing communication have a detrimental result for my son since he has a restraining order?
Asked on Aug 16th, 2014 on Criminal Law - California
More details to this question:
My son's ex-girlfriend took out a restraining order on him and my partner of 23 years. He continues to communicate with her because he is curious. My son states that this ongoing communication could backlash on him and potentially get him into trouble. I might add that my partner does not personally know this woman. He has only communicated by phone and text.
2 ANSWERS
If your son does not have contact with the girl, he will not be in violation of the restraining order. If your partner has contact with the girl, he is in violation of the restraining order and subject to arrest. If your partner uses your son's phone or computer to contact the girl, it would give the impression that your son is violating the order.
Answered on Aug 21st, 2014 at 8:23 AM
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Absolutely. By continuing to communicate with the protected person, he is violating a court order. Depending on what type of order is is, he can be found in contempt and go to jail. No contact! Even if it is initiated by the protected person.
Answered on Aug 19th, 2014 at 6:04 PM