How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25954
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
18321761
Type Your Criminal Law Question Here...
Zoey_ JD is online now
A new question is answered every 9 seconds

I have a PFA against my ex girlfriend. She had an amendment

Customer Question

I have a PFA against my ex girlfriend. She had an amendment put in the agreement so she could attend the crossfit gym my family has gone to for years. She is allowed to go from 4pm to 515pm. Yesterday 12/24 she went at 9am and my mom was there working out. Instead of leaving, she stayed and worked out. My mom was frightened. The local Pd said this is not a violation
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

If you were at the gym, she would have had to leave or she would have been in violation of the order. But unless the PFA extended to your mother as well, she didn't violate the order, since you weren't there.

I don't think what she did was true to the spirit of the order, however. If this was a criminal order, you could talk to the prosecutor about this and they could address it i n court. If this was not, perhaps you can prevail upon the police to call and put her on notice that you expect her to adhere to her designated hours.

Customer: replied 1 year ago.
The order protects my mother and my sister as well as they are named under additional relief. Im shocked by how the police treated me as I was directed by another police officer who has been helping me to contact them.
Expert:  Zoey_ JD replied 1 year ago.

If the order does specifically name your mother, then I do not understand why the police won't enforce the order. Can you upload a copy of the order with your reply? (delete names and identifying information)

Customer: replied 1 year ago.
It seems to me that this whole process has catered to her since she filed a retaliatory PFA after the fact. It has eaten up so much of my time with court appearances and the emotional devastation as I have never been in trouble. I'm truly suffering.
Expert:  Zoey_ JD replied 1 year ago.

Thanis for the reply.

What I do see at the bottom of the second link is a statement that if you and/or your family are at the gym when your ex is there, then it would not be considered a violation of the order. The order does not say that she can only be at the gym during her designated hours, nor is it clear whether it's only if you/your family show up during her hours that there would be no violation of the order.

I think you need to seek clarification of the court before the March 16th hearing, because as written, there's arguably nothing wrong with her being at the gym and working out when you/your family are there working out too, so long as there's no contact/harassment, etc.

Customer: replied 1 year ago.
I was read the riot act by her attorney and I didn't think that if the language wasn't clear it didn't need to be followed. I agree that things need to be clarified. This whole agreement on her side against me is an abuse of the system and furthering her abuse of myself. I appreciate your help
Expert:  Zoey_ JD replied 1 year ago.

Because the wording isn't clear, it's arguable that she IS following the order. I agree with you, however. There would be no point in the court stipulating a time when she would be there, unless it was so that you could rely on her not being there at any other time. Nevertheless, the order doesn't say what you need it to in its current form. It was drafted inartfully and allows her to escape violating the order if she turns up at the gym when she's not supposed to be there.

Customer: replied 1 year ago.
How would I go about getting the language in the agreement changed?
Expert:  Zoey_ JD replied 1 year ago.

You'd have to go back before the judge who issued it on a motion to amend/modify the order.

Related Criminal Law Questions