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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33253
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I have a restraining order against my ex fiancée for threatening

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I have a restraining order against my ex fiancée for threatening to kill me. My daughter works for the defendant. My grand-daughter's birthday was today. Defendant was aware.
Defendant left a book on my desk on Friday entitled Magic of Grandparents" without saying a word. He then handed her a woman's t-shirt that read "I love you grandma with my grand babies' name embossed on t-shirt. He told my daughter t-shirt was meant for me, however since he could not give to me he suggested she give to paternal grandmother. Is this violation of restraining order?
When order was granted, a witness gave statement to police that he did not hear actual threat, however, from where he was seated in restaurant, witness could see that defendant was hostile and aggressive with me. Defendant went to the workplace of witness's friend and suggested friend ask witness if he was "lying about situation because he wanted to get in my pants.". Is this violation of order?

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

It depends on the actual wording of the order but generally when a protective order is obtained because of criminal behavior, as opposed to just an injunction a family law case, the order includes any communications of any kind even through a third party, mail, etc.

JD 1992 :

There's a 95%+ chance that this behavior violated the order.

Customer: Order does include no third party contact. What about the second scenario where defendant went to workplace?
JD 1992 :

I don't see that the second situation would be a violation since they were not trying to contact you in any way.

Customer: Okay. Would you suggest I report to police? I feel he may retaliate if I do so.
JD 1992 :

Probably so, although that is a personal choice. I believe that if you don't react immediately they just keep pushing the line.

Customer: Okay.. You have been very helpful. I appreciate your help.
JD 1992 :

You're very welcome!

JD 1992 :

Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work. The website only gives credit to the expert if you give a Positive Rating.

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