Monday, December 12, 2011

Is the "victim" allowed to contact immediate family members of the defendant after a no contact restraining?

The victim is contacting a sibling of the defendants via e-mail after the restraining order has been put into effect. Does the no-contact extend to immediate family? Can this affect the defendant in any violation of the restraining order? The sibling knows not to answer back to any of the e-mails. Is the "victim" violating her side of the order by provoking responses from the defendant family?|||The restraining order does not prohibit the victim from contacting anyone. It prohibits the defendant from having direct or indirect contact with the victim. If the victim contacts the defendant's sibling there is no violation as long as the defendant obeys the restraining order. The restraining order is for the defendant. It is not binding on the victim.|||Orders apply to the person to whom they are issued.|||Generally no contact or restraining orders will only apply to the defendant and the victim.|||Not necessarily, because the only condition of a no contact order is that the defendant may not contact the victim, and also not have anyone else contact the victim on the defendants behalf.





The reason for this, is that the courts have no way of knowing the relationship between the defendant and his family. For all intents and purposes, the victim may have a good relationship with the defendants family, and the defendants family may hate the defendant.





So you can't very well write a court order that says "The victim can't contact anyone who may know the defendant," because the defendants family may be friends with the victim, and that is not what the order is meant to accomplish.|||Yes, this can clearly be seen as an attempt to get the person's sibling to relay a message for you. You are opening yourself up to a pretty obvious charge of harassment.





This will be brought up in court, no matter how cordial the communication between you and the sibling goes.





There is very little chance that you will be seen as anything other than vengeful, and that you are trying to get around a restraining order. The judge will not like that one bit.





If you are trying to tell your side of the story, it would be wrong to think that you can break siblings apart, and if you have a prior friendship with the sibling, you should consider it ended.

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