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  1. #1

    Default No Contact Order Judgement

    My question involves restraining orders in the State of: Tennessee

    I guess obviously, I don't understand the judical system as I once thought I did. I went to court to have my no contact order dismissed. There was no contact and I thought I was certain of that. In court, this person that has the no contact order against me says it has been violated. Judge ask her how. She says because there are some things on the internet said about her. I have proof there is nothing said about her. The judge seems angry and just states that he currently doesn't have an order against the internet but was prepared to write one if necessary. I said no, that wasn't necessary but that the internet said nothing about this person. He doesn't want to see proof and just drops it at that by saying he doesn't want to hear anything about the internet. This person brings up several other things and the judge tells this person that he can't stop me from talking in the streets to people about whatever I want. He then proceeds to say that he is going to put in a double order stating that we should not have contact with each other's immediate family and each to stay away from each other. So what does this mean. There isn't an understanding as to whether the origianl order was violated or not. There was no fine issued. No jail time mentioned or any thing of that nature. Just that he was going to modify the order to a double no contact order. If there was no fine or punishment for the origianl no contact order, shouldn't it be dropped? I know judges can do what they want, but I guess I am confused as to how the system works. How do you know if you violated an order or not? Is there some direct way that you know from the court? The judge seemed so angry I didn't dare ask for a clarification. Any help with your thoughts will be appreciated.

    thanks

  2. #2

    Default Re: No Contact Order Judgement?

    If the judge had found you in violation, they would be sure that you knew it - you'd be told the fine, penalty, or sentence right there on the spot. The complaintant went to the court asking that you be found in violation, the court basically said that this alleged internet activity isn't going to be considered (sounds to me like the judge basically told her not to be petty), but that the order would instead be amended as you noted.

    Just because she made an accusation, and the court found in your favor on this occasion - that does NOT make the order go away. It stays in effect until the court revokes it or until it expires (check the date on the order). If you haven't already, make sure to get yourself a copy of the new/amended order so you know EXACTLY what your (and her) obligations are since they've been changed (check with the Clerk of the Court's office).
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

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  3. #3

    Default Re: No Contact Order Judgement

    Thanks for the reply. That makes sense and what I had gathered. The original order was suppose to be dismissed that day. That is the only reason I was back in court, to show up for it to be dismissed. She waited till we went back to court for it to be dismissed, to bring up this violation. That was my argument, that why would she wait till the date for the order to expire to bring this up. The new order says that the order has been modified to a double order and is for another 6 months. After 6 months if there are no violations then it will be dismissed. It seems to me if there is a violation it should be brought up then, not wait until the order expires. I think she is be very petty and hopefully the judge is saying this by doing what he done. I just simply have moved on with my life and would like for this chapter to be closed. Hate to know I would have to deal with this every 6 months.

    Thanks for the info, it does clear up some confusing.

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