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  1. #1
    Join Date
    May 2011
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    Illinois
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    Default Re: Restraining Order for a Stalking By a Grandmother

    It's clear to me that the birth mother has an order against her. It's also clear that there is an order against him for your children. But does that order include his daughter as well?

  2. #2
    Join Date
    Dec 2010
    Location
    Woodsville, New Hampshire, United States
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    Default Re: Restraining Order for a Stalking By a Grandmother

    Quote Quoting viol8te
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    It's clear to me that the birth mother has an order against her. It's also clear that there is an order against him for your children. But does that order include his daughter as well?
    It states that he is to have no contact with any of the minor children. My Guardianship states that everything is to be the same for her as the rest of the children, ie visitation etc.

    I'm hoping that she won't have to as I'm sure it would be awkward and emotionally difficult for her, I just wasn't sure if she needed to be there in case the judge may want to hear it straight from her that this is what she wants also. Her counselor is going to testify on her behalf, I'm hoping the judge will call that 'good enough'. I don't want to put her through more than she's already had to endure. I know in family court they didn't want children to testify directly and so had the GAL. Superior court may be different though, I'm unsure about it. I'll have to call and ask. Thank you for your reply.

  3. #3
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    May 2011
    Location
    Illinois
    Posts
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    Default Re: Restraining Order for a Stalking By a Grandmother

    The focus might need to go towards that. If it's established that the grandmother is facilitating him violating the order by third contact, then it may be easier than just saying that she is not breaking the law, but doing more than just causing emotional damage. By reporting that she is third party to violating an order of protection, it carries a little more weight.

  4. #4
    Join Date
    Dec 2010
    Location
    Woodsville, New Hampshire, United States
    Posts
    14

    Default Re: Restraining Order for a Stalking By a Grandmother

    Quote Quoting viol8te
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    The focus might need to go towards that. If it's established that the grandmother is facilitating him violating the order by third contact, then it may be easier than just saying that she is not breaking the law, but doing more than just causing emotional damage. By reporting that she is third party to violating an order of protection, it carries a little more weight.
    Thank you for your input. I believe she's breaking the law by passing messages and gifts from the birth mother against the no contact order as well as facilitating him violating the no contact order as she is his guardian and responsible for and encouraging his behavior as well.

  5. #5
    Join Date
    May 2011
    Location
    Illinois
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    1,376

    Default Re: Restraining Order for a Stalking By a Grandmother

    Quote Quoting mmsl_mom
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    Thank you for your input. I believe she's breaking the law by passing messages and gifts from the birth mother against the no contact order as well as facilitating him violating the no contact order as she is his guardian and responsible for and encouraging his behavior as well.
    If the OOP's are no contact by any means, then the two respondents are violating them. Not the mother. However, if you can show cause to the court that provves that she is facilitating such harmful interactions, than the court may be inclined to serve her as well.

  6. #6
    Join Date
    Dec 2010
    Location
    Woodsville, New Hampshire, United States
    Posts
    14

    Default Re: Restraining Order for a Stalking By a Grandmother

    Thank you for your replies. I got the restraining order for my daughter.

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