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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience:  Practicing Attorney for over 15 years
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My sons ex-girlfriend was granted a temporary restraining

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My son's ex-girlfriend was granted a temporary restraining order against him at 11:30 a.m. today. At 11:42, she was sending him profane e-mails, and at 5:47 she was making harassing telephone calls to both cell and land lines. Is SHE in violation of TRO by doing so?
Hello,
Thank you for allowing us to assist you with this problem.

I'm sorry to hear about this problem and I hope he is NOT responding to her messages. A restraining order is a one-way street. Legally she is not violating the order because the order only prevents him from contacting her. However, she is violating the spirit/intent of the order and gives him valid grounds to ask the judge to remove the restaining order and/or grant him a restraining order against her to stop her harassment.

I may be difficult but he needs to just let her continue the rant and save all proof to take to court so he can best protect himself.
Customer: replied 5 years ago.
We have an interstate problem. TRO issued in CO today, son has been in Maine since June, when this relationship ended. Where do we go to file, here in Maine?
He would file in Maine since that is where he was located when she harassed him. He may have a problem with the ME judge wanting to issue the order since there is already one issued in CO, but ME is the correct location to apply since you are seeking a new protective order. However, if you approach it from the perspective you did in your question, the judge will deny the request because he/she will tell you to raise the issue with the CO judge. Let me help you understand why. You just want her to stop harassing your son and to protect him, but you have to remember it is a one-way street. If you talk to the ME judge about the ex-girlfriend possibly violating her order, the judge has to refer you to the CO judge because that judge has the ability to vacate/remove the CO order. You need to stay focused upon the request of an order of protection not the violation of the current order.

I hope that helps. I wish you and your son well.
Customer: replied 5 years ago.
Would it be more convincing if I said that the threats are clearly death threats, and quite a few of them? We have involved the local police, who are in contact with the police in the region involved in CO. Would this help us get a protective order? She has threatened to kill me as well.
Courts do not truly care how people phrase the states because though Im sure youre telling the truth, people do lie. You just need to restate what was said and let the court determine if it was a death threat or not. The actual language of the message and text is what is best to use.

The police contact will only be beneficial if they file criminal charges and there is not way to know if they will or will not.

If she has threatened to kill you then you would need to request your own separate protective order from your son.
Customer: replied 5 years ago.
If her allegations for wanting this restraining order are proven to be lies (which we know we can do), what happens then?
After a hearing if the court in CO does not find her credible then the order against your son would be removed and dismissed.
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