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  1. #1
    Join Date
    Jun 2011
    Posts
    1

    Default Violation of a No Contact Order - but Not in Person

    My question involves restraining orders in the State of: Ks

    My boyfriend was in a pretty bad fight two years ago with three people. He has a permanent no contact order with all three.

    One of these individuals from the fight works in the store where we grocery shop. Despite this, we have shopped in this store now for the last two years.

    On the few occasions my boyfriend has seen this person in the store, he has avoided her by either leaving and sitting in the truck while I finish shopping or by taking his things and immediately heading to the checkout. He will not go alone into that store. He is on probation because of the fight and is seriously not interested in taking any chances on anything that might be even lightly construed as violating that no contact order.

    However, when she sees him, she - as on one occasion- walks back and forth past the end of the aisle he is in; or- as on another occasion- stands across from the checkout as he waits to pay for his things. In other words, she never says anything but likes to make her presence known.

    Last Friday, we went to the store and she called the police stating that my boyfriend was in the store violating a PFA she had against him. We were shocked because not only did we not even SEE her in there, she has NEVER EVER had a PFA against my boyfriend. The police officer determined this and told her so. He then told my boyfriend there was nothing saying he couldn't be in that store and that he could continue shopping if he wanted. We decided to take our things and leave.

    Once again, we have shopped in that store consistently for two years now. However, this woman and her husband had a civil lawsuit against my boyfriend stemming from the fight two years ago for in excess of $75,000. They just settled for $5000 three months ago. My guess is by the time they paid the attorney and whatever else, they didn't get very much- so she decided to 'get even' by calling the police and making up the story about the PFA.

    Now my boyfriend must report this contact with police to his probation officer- and it's based on utter nonsense, a completely fake accusation. The man has been keeping his nose extra squeaky clean and paying off his restitution like mad in hopes of getting off a little early. He doesn't want anything to interfere with that. He doesn't want black marks on his probation record. Now we are worried she is going to try and pull the same stunt and have him kicked out of every joint he walks into. This is a small town. He can't hole up and quit living his day to day life just because she gets a kick out of using some crappy passive-aggressive tactic as a means of control.

    The no contact order goes both ways, does it not? And even if she's not actually speaking to him, she is still violating the no contact order via harassment, is she not? But then- who does my boyfriend contact about that? The police? The courts? Should my boyfriend maybe file a protection from stalking order even though there is a no contact order already in place? What can we do to stop the harassment? He's trying so hard to get on with his life. She's obviously not.

    Many thanks in advance for any help with this.

  2. #2
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Violation of a No Contact Order- but Not in Person

    If he really is trying extra hard to stay out of trouble, just shop at another store. It may be a small town, but I would assume that's a possible option for him.

    And no. The order is against him. It does not apply to her needing to stay away from him.

  3. #3
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Violation of a No Contact Order- but Not in Person

    Further... it wasn't false. He continues to shop where she WORKS... where there is a high likelihood of her presence.

    The moment he was within the boundaries of the order he violated... even if he had done it 100 times in the past.

  4. #4

    Default Re: Violation of a No Contact Order- but Not in Person

    Quote Quoting viol8te
    View Post
    If he really is trying extra hard to stay out of trouble, just shop at another store. It may be a small town, but I would assume that's a possible option for him.

    And no. The order is against him. It does not apply to her needing to stay away from him.
    Agreed, 100%. If he's trying to keep his nose extra squeaky clean, we can try a little harder here. Just avoid any drama, any confusion, any harassment, simply by shopping in a different grocery store. That shouldn't be too inconveniencing on your day-to-day life.

    Also, does he need to report the police report to his P.O. if he wasn't charged?

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