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If you have a restraining order on someone can you contact them? |
No
No, anyone violating a court order whether it is the person(s) who requested the action or the person(s) the order is against can be charged with contempt. A person who petitions for and receives a "no contact" or a restraining order (there's a difference) and then willfully violates the order may also be charged with "the voluntary act of frivolous and/or malicious intent".
Yes
Yes, you can contact him or her. The way that you have phrased the question, the restraining order is only one-way. But my question is, why would you WANT to contact this person? You must also realize that the other person is still under court order to have no contact with you. So, even if you call him, he must hang up. Otherwise he is guilty of a crime. You cannot "overrule" a court's order. If you want to have contact with person, you need to go back to court and ask for a modification.
Maybe
A proper legal answer is, it depends on how the restraining order is worded. If it is merely an order to stay x feet (or yards or whatever) from the complainant, other contact is not prohibited. If it is a "no contact" order, which often is worded to prohibit telephone calls, mail, directly or through third parties (friends or relatives), then no. If either or both of you had/have attorneys, you can have contact through them. If contact is needed for medical or some other emergency purpose, and time is of the essence, you would probably be OK contacting the other person. If there are children involved, there should have been specific provisions for contact regarding them.
Otherwise, the order would have to be modified to allow contact.
First answer by Macky. Last edit by Thylawyer. Contributor trust: 86 [recommend contributor]. Question popularity: 22 [recommend question]




