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  1. #1

    Default Restraining Order Filed Against Me on Behalf of Minor Child

    My question involves restraining orders in the State of South Carolina.

    My husband's ex-wife has filed a restraining order against him because he viewed his daughter's facebook page. YES, that is what I said, he viewed her facebook page. She claims that by doing so, he was trying to control and harass his daughter, in spite of the fact that his daughter allowed him to see her page until mom told her to delete him.
    He is now able to view the page thru mutual friends of theirs.

    Mom filed the restraining order on behalf of the 16 year-old daughter. The order states that he is prohibited from abusing, threatening, or molesting plaintiff or family members, prohibited from entering plaintiff's residence, employment, or school and is prohibited from communicating or attempting to communicate with the plaintiff in any way.
    We understand this to mean that he can not contact her, nor can she contact him.
    Question is this. . . .
    Does this order extend to the Mom also not being able to contact us due to the fact that she obtained it for her daughter? Or is she able to contact us? There is a child support order in place, which we now pay thru the court system to avoid all contact with the mom. Per the divorce decree we pay child support and medical expenses for the minor child.
    If mom is not to contact us, and she does, what are our options?
    Thanks for any help. We can not afford an attorney so want to make sure we don't cross any lines.

  2. #2

    Default Re: Restraining Order Filed Against Me on Behalf of Minor Child

    Quote Quoting annieprice3122
    View Post
    Mom filed the restraining order on behalf of the 16 year-old daughter. The order states that he is prohibited from abusing, threatening, or molesting plaintiff or family members, prohibited from entering plaintiff's residence, employment, or school and is prohibited from communicating or attempting to communicate with the plaintiff in any way. We understand this to mean that he can not contact her, nor can she contact him.
    Unless he's got his OWN order against her, or unless the order contains unusual language, it means HE can't initiate contact. Restraining orders typically only apply to ONE party...the restrained party - meaning that SHE isn't prohibited from making contact. Of course if he RESPONDS to her attempts to contact, he'll be in violation, but the orders don't prevent HER from SENDING a communication. The consequences of her initiating contact is that it gives him great ammo to go back to the court and say "hey judge, this order really should be dropped...she's obviously NOT in fear of me because, look at all these times she keeps trying to contact me".


    Does this order extend to the Mom also not being able to contact us due to the fact that she obtained it for her daughter?
    We can't read the language of the order from here. If it doesn't specifically list mom, then it doesn't apply to mom.

    Or is she able to contact us?
    That'll be in the language of the order.


    There is a child support order in place, which we now pay thru the court system to avoid all contact with the mom.
    A VERY good idea!



    Per the divorce decree we pay child support and medical expenses for the minor child. If mom is not to contact us, and she does, what are our options?
    If mom isn't listed specifically on the order, it doesn't apply to her and communication with mom can still occur (suggested as a minimal level, for obvious reasons of conflict). If mom IS listed on the order, and she continues contact, then you petition the court to drop the order citing mom's actions of communication which display desire to maintain contact.

  3. #3

    Default Re: Restraining Order Filed Against Me on Behalf of Minor Child

    thank you for the response and jsut so i understand this,
    the child is able to contact him, if she wants to do so
    and, the mom, although she filed the order on behalf of the child, is not included in the order,therefore, is able to
    contact him.

  4. #4

    Default Re: Restraining Order Filed Against Me on Behalf of Minor Child

    If that's what the language of the order states. We can't see the order, so we can't give an absolute answer - but if the order was only requested that he be restrained from contacting the daughter, then it only applies to communications directed by him towards the child (either directly or via a third party). It wouldn't apply to messages he received passively and made no response to.

    With that said, if mom is dead set against the daughter not communicating with him, mom can certainly exercise parental control and deprive her of all means of communication (computer, phone, etc.).

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