Violation of a Restraining Order
I have a ppo against my ex. We exchange our son at the police station. This time, when I picked him up, my ex had put a check written to me in the bag. Obviously it is fo child support - but isn't this considered giving me something? Now, I know it isn't nice to prosecute regarding this - I just want the LEGAL answer.
Re: Violation of a Restraining Order
It has nothing to do with being nice, and realistically, it has nothing to do with the realities of the law either, in all honesty. No prosecutor (the one who DECIDES if something is prosecuted or not) is going to touch criminal charges for violating a PPO because a child support check was put in the bag - particularly due to the fact that the check is FOR the child (basis of support is for the child...the child just doesn't have the legal ability to have and manage their own bank account so payments get made to someone who can take care of money, like you). The court won't see any difference between the check and anything else in the bag that is for the child...like clothes, diapers, medication, etc.
Re: Violation of a Restraining Order
Quote:
Quoting
lovelyview
I have a ppo against my ex. We exchange our son at the police station. This time, when I picked him up, my ex had put a check written to me in the bag. Obviously it is fo child support - but isn't this considered giving me something? Now, I know it isn't nice to prosecute regarding this - I just want the LEGAL answer.
aardvarc gave you the correct answer. However, I'm curious about something-
how is your CS court order worded?
Is your ex ordered to pay you directly, rather than paying through garnishment/state?
If ordered to pay you directly, how has your ex been paying you?
If ex normally pays through mail, etc this may have been an attempt to get a reaction out of you, if so, the best thing to do is show no reaction at all.
Re: Violation of a Restraining Order
Actually, we only recently split and we have no CS order at all or custody arrangement. He is not supposed to mail/give me anything, and this is in an envelope with my name on it - his check and handwriting. Obviously AArdvarc gave me the answer I ALREADY knew - I just wanted to know if this is LEGAL to give me something, when our PPO clearly states it is not? I don't want the moral answer, just the legal one. Without opinion. Because I'm trying to decide if I should let my attny know. She will nail his ass to the wall if it's not legal - which is why I would appreciate the straight LEGAL answer - I could care less about morality interests.
Also, this is the first and only time he has given me any money for the child.
Re: Violation of a Restraining Order
Quote:
Quoting
lovelyview
Actually, we only recently split and we have no CS order at all or custody arrangement. He is not supposed to mail/give me anything, and this is in an envelope with my name on it - his check and handwriting. Obviously AArdvarc gave me the answer I ALREADY knew - I just wanted to know if this is LEGAL to give me something, when our PPO clearly states it is not? I don't want the moral answer, just the legal one. Without opinion. Because I'm trying to decide if I should let my attny know. She will nail his ass to the wall if it's not legal - which is why I would appreciate the straight LEGAL answer - I could care less if anyone thinks it's immoral or mean.
Also, this is the first and only time he has given me any money for the child.
Your attorney will nail his ass to the wall? Really? For trying to support his child?
Does your attorney have any clue what a judge would do if she tried that?
Re: Violation of a Restraining Order
Quote:
Quoting
lovelyview
Actually, we only recently split and we have no CS order at all or custody arrangement. He is not supposed to mail/give me anything, and this is in an envelope with my name on it - his check and handwriting. Obviously AArdvarc gave me the answer I ALREADY knew - I just wanted to know if this is LEGAL to give me something, when our PPO clearly states it is not? I don't want the moral answer, just the legal one. Without opinion. Because I'm trying to decide if I should let my attny know. She will nail his ass to the wall if it's not legal - which is why I would appreciate the straight LEGAL answer - I could care less about morality interests.
Also, this is the first and only time he has given me any money for the child.
Reading some of your posting history is very informative.
Your son is only a few months old, however if you haven't done so yet you really need to file for a custody and CS order. You can request that the CS be paid through the state, not directly to you.
As for you thinking that him giving you a CS check is a violation of the PPO, you really should go ahead and talk to your attorney about it.
For others who want to help you here are the links to your other threads regarding your situation with your son's father:
http://www.expertlaw.com/forums/showthread.php?t=100911
http://www.expertlaw.com/forums/showthread.php?t=91983
http://www.expertlaw.com/forums/showthread.php?t=82773
http://www.expertlaw.com/forums/showthread.php?t=82735
http://www.expertlaw.com/forums/showthread.php?t=82401
http://www.expertlaw.com/forums/showthread.php?t=79482