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  1. #1
    Join Date
    Mar 2011
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    1

    Question Separation With a No Contact Violation

    I'm in process of a messy separation, and during the separation had cause to press charges against my estranged husband for harassment.

    When he was released, the judge issued a no contact order and instructed his mother to correspond with me in regards to visitation for our minor child. Well I have been working out the schedule with my MIL, and he has been violating it. It seems every week he picks up our daughter from school on a day he is not scheduled to do so.

    In the mean time, my lawyer has filed the divorce paperwork, my ex has changed lawyers, asked for a continuance. We've been unable to come to a temporary settlement and now we're waiting to go to court for the judge to decide on the temporary custody.

    Am I stuck having to put up with him not sticking to the agreed schedule, or does this count as a violation of his terms of release or a violation of his no contact order? Is there anything I can do to stop this other than wait for my court date with my divorce lawyer?

    If it helps, I'm in VA.

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: a No Contact Violation

    Quote Quoting NowWhatVA
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    I'm in process of a messy separation, and during the separation had cause to press charges against my estranged husband for harassment.

    When he was released, the judge issued a no contact order and instructed his mother to correspond with me in regards to visitation for our minor child. Well I have been working out the schedule with my MIL, and he has been violating it. It seems every week he picks up our daughter from school on a day he is not scheduled to do so.

    In the mean time, my lawyer has filed the divorce paperwork, my ex has changed lawyers, asked for a continuance. We've been unable to come to a temporary settlement and now we're waiting to go to court for the judge to decide on the temporary custody.

    Am I stuck having to put up with him not sticking to the agreed schedule, or does this count as a violation of his terms of release or a violation of his no contact order? Is there anything I can do to stop this other than wait for my court date with my divorce lawyer?

    If it helps, I'm in VA.

    Dad is not going to get dinged for picking her up when he wants to, unless there is an order specifically barring him from doing so.

    This also assumes the protective order doesn't cover the child (which seems to be the case, since Dad IS allowed contact).

    What did your attorney say?

  3. #3
    Join Date
    Sep 2005
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    98,846

    Default Re: a No Contact Violation

    Who is supposed to be picking up the child on the date at issue, and where is that person at the time they're supposed to be picking up the child?

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