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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33769
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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my wife has a restraining order agaist me for 2 years although

Customer Question

my wife has a restraining order agaist me for 2 years although she comes over to my house we have sex and also at her house she comes to my work and also when the restraing order was givig she made copies and gave them to people plus she accused me of false affairs hurting the people
Submitted: 6 years ago.
Category: Legal
Expert:  Barrister replied 6 years ago.

Hello,

 

Thank you for using JA. I have read your comments above. What is your legal question so I can assist?

 

 

Matt

 

Customer: replied 6 years ago.
isnt against the law to hand out copies of restraing order and what about her letting me on property and her staying at my house
Expert:  Barrister replied 6 years ago.

The restraining order would be a public document so there would be no restriction on her distributing copies.

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Legally, if she is in your presence, you can be arrested and charged with violating the RO. The odd thing about ROs is that they only apply one way. You are prohibited from having contact with her, but there is no prohibition on her contacting you. Your best bet to keep from getting arrested would be to not let her come over or go to her place until she either got it dismissed, amended it to a "no violent contact" RO, or it expired. Even if she doesn't complain, if someone sees you together and calls the police, you will get arrested.

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I have defended numerous people who made up with their partners, but the partner never got it dismissed the RO or amended it and the person was later arrested for violating the order. It is not up to the "victim" to decide when to enforce the order. It is the judge who put the order in place and only the judge can dismiss it. One actual case I had was where both parties had reciprocal ROs, were driving and got stopped together and both parties were arrested after the ROs showed up when the police ran their licenses.

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Thanks

Matt

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