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  1. #1
    Join Date
    Jun 2010
    Posts
    8

    Default What Constitutes a Violation of a Restraining Order

    My question involves restraining orders in the State of Oregon:

    I was charged falsely on DV by my ex-girlfriend. I was in jail for 2 days and got on bail recently. I was served a restraining order.

    Before i read up on what i need to do, I sent an email out to a mutual friend of ours (met through my ex) asking her to call me asap on my cell number. Nothing more was included in the email.

    Soon as I had sent the email out, i read an article about warning of ANY contact WHATSOEVER and so quickly sent the friend an email (within 5 mins) asking not to contact me until I have spoken to my lawyer.

    Does this constitute a violation of the restraining order? Is this probable cause to arrest me again?

    I am afraid that my ex might use this against me if there is any chance at all being the vengeful vindictive person that she has proven to be.

    Look forward to your guidance and legal help.

    SIncerely,
    (Fearful International student)

  2. #2
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Does This Constitute a Violation of a Restraining Order

    Why did you want this 3rd party to contact you?
    All you need in this life is ignorance and confidence; then success is sure.
    - Mark Twain

  3. #3
    Join Date
    Jun 2010
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    8

    Default Re: Does This Constitute a Violation of a Restraining Order

    Quote Quoting cyjeff
    View Post
    Why did you want this 3rd party to contact you?
    Hi,

    Thanks for your reply.

    The friend had become a good friend of mine and I wanted to know how her job was going. Made a reference to this in the email asking if she had resolved problems at her work in the email. the friend's partner had my book as well which i wanted back which i did not include in the email.

    I did send this friend an email immediately asking not to contact me till i spoke to a lawyer as I read about how not to contact any of her friends, even if they were mine before the restraining order. I am doing my best to read up on how to fight false domestic violence accusations.

    I am now so scared of the plaintiff that I don't even want to go back to the place to pick up my essentials even with a peace officer present. Even though I am extremely afraid and threatened that the plaintiff might destroy my legal and immigration documents to make life even more difficult for me.

    I am very scared for my future and don't want to give the plaintiff any sort of excuse to bring up any more frivolous charges on me that can ruin my life more than it already has. Please let me know if this constitutes grounds for violation of the restraining order.

  4. #4
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: Does This Constitute a Violation of a Restraining Order

    Quote Quoting direstraits
    View Post
    Hi,

    Thanks for your reply.

    The friend had become a good friend of mine and I wanted to know how her job was going. Made a reference to this in the email asking if she had resolved problems at her work in the email. the friend's partner had my book as well which i wanted back which i did not include in the email.

    I did send this friend an email immediately asking not to contact me till i spoke to a lawyer as I read about how not to contact any of her friends, even if they were mine before the restraining order. I am doing my best to read up on how to fight false domestic violence accusations.

    I am now so scared of the plaintiff that I don't even want to go back to the place to pick up my essentials even with a peace officer present. Even though I am extremely afraid and threatened that the plaintiff might destroy my legal and immigration documents to make life even more difficult for me.

    I am very scared for my future and don't want to give the plaintiff any sort of excuse to bring up any more frivolous charges on me that can ruin my life more than it already has. Please let me know if this constitutes grounds for violation of the restraining order.

    What is the EXACT wording of the order?

    Typically, a restraining order will prevent you from contacting only the protected person, and no one else.

    It is possible that the order states that you cannot contact the protected person THROUGH a third party (such as family or friends). That should be spelled out in the order though.

    Even if that clause is in the order, it shouldn't be a violation as long as you were not attempting to contact the protected person through that friend.

  5. #5
    Join Date
    Jun 2010
    Posts
    8

    Default Re: Does This Constitute a Violation of a Restraining Order

    Quote Quoting Xena
    View Post
    What is the EXACT wording of the order?

    Typically, a restraining order will prevent you from contacting only the protected person, and no one else.

    It is possible that the order states that you cannot contact the protected person THROUGH a third party (such as family or friends). That should be spelled out in the order though.

    Even if that clause is in the order, it shouldn't be a violation as long as you were not attempting to contact the protected person through that friend.
    Hi,

    I did not include anything in the email that suggested i wanted to contact the person/plaintiff in the email. Only asked the friend to give me a call or respond to my email to get in touch with me. And the reference I made to how her job was going.

    The Order spells out
    "Contacting or attempting to contact, Petitioner by mail or email or any other electronics transmission, except for mailing court ordered emergency monetary assistance, checks or money orders directly or through third parties"


    I have taken printouts of the two emails i sent to this friend to take with me to show it to my defense attorney first thing tomorrow.

    Does this mean, I am in the clear?

  6. #6
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,007

    Default Re: What Constitutes a Violation of a Restraining Order

    Does this mean, I am in the clear?
    Yes. You didn't do anything wrong by asking your friend to call you.

    "No contact" doesn't mean "And you're not allowed to talk to your mutual friends any more, either."
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  7. #7
    Join Date
    Jun 2010
    Posts
    8

    Default Re: What Constitutes a Violation of a Restraining Order

    Quote Quoting LawResearcherMissy
    View Post
    Yes. You didn't do anything wrong by asking your friend to call you.

    "No contact" doesn't mean "And you're not allowed to talk to your mutual friends any more, either."
    hi..thank you for responding. I spoke to my attorney and he confirmed the same as well earlier today.

    I am staying well clear off of the plaintiff.

    I wanted to know however, is it possible to take with me 5-6 friends when i have the 20 minute session to pick up all my stuff if I can or will I be only allowed to go alone and carry my personal effects and documents?

    Or is this something entirely up to the peace stand by officer?

    I would very much like to have my friends help out to take all my stuff out as it is possible within that time frame if i have help. Saves the trouble of having friends pick up my stuff at a later time.

  8. #8
    Join Date
    Jun 2010
    Posts
    8

    Default Re: What Constitutes a Violation of a Restraining Order

    Well, i checked my RO documents again and the box that pertains to having a peace officer present so i can collect my personal belongings is left unchecked and obviously the judge has not signed off on it.

    So this means even if i call for a peace officer and he does assist me, then she can complain saying i violated the RO.
    So i am not going to do that.

    I am fearful for the safety of my immigration documents so i would probaly just have my friends go pick up "all of my" stuff (as perceived by the plaintiff of course) later today and then see if anthing is missing (stolen from me) and i would go after that in a legal way later.

    I am told I can get a writ petition to ask for my 20 minute window and have a peace officer present to collect my personal effects.

    How do I go about doing this?
    How long does something like this take?


    Appreciate all the help...

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