QUESTION

Can a defendant Violate their own domestic violence TRO with protection order in place

Asked on Dec 12th, 2021 on Child Custody - New Jersey
More details to this question:
I was in a domestic violence accusation from my baby mother because she said I wouldn’t let her leave my house and I was given her and I threatened her life so if this is false I was trying to talk to her about the welfare and how we’re gonna share custody over a child without going to court and when I told her I want to hear Social Security number and a copy of birth record and birthcertificate she started freaking out and I live with somebody else and when they said she had to leave she refused to leave and tried to take our son with her and I said leave him I only get to see him a day and a half a day every week and I do support my son and I do partially support her I was there for the The birth of my child I signed all paperwork but she still went to the police after I I said it’s fine if we’re single parent I need certain paperwork for me so I can still provide and help my son even though I don’t get to see him all the time because I work and she lives in a different area
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1 ANSWER

Divorce Attorney serving Short Hills, NJ at Diamond & Diamond, P.A.
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You need to be careful of any form of communications with your ex if there is a restraining order in place. I understand that you and she have a child together but any contact initated by you is a violation. My suggestion is that you and she agree that texting limited only to specific communications concering your child will not be a violation of the restraining order and then you and she need to get the restraining order amended to reflect that this type of communciation is permissible. Telling a judge at a later date that you and she had a verbal agreement - is not sufficient. It must be in wriing and agreed upon by both of you. Equally important, dont, dont, and dont curse or threaten her in any text message going forward because when a judge reads it, he will have no sympathy for you and will view that type of action as a violation and look to impose sanctions on you. 
Answered on Dec 13th, 2021 at 7:54 AM

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