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Ask Dwayne B. Your Own Question

Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27181
Experience:  Began practicing law in 1992
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is it a violation of a restraining order if the court contacts

Resolved Question:

is it a violation of a restraining order if the court contacts on behalf of the defendant in civil court matter
Submitted: 11 months ago.
Category: Legal
Expert:  Dwayne B. replied 11 months ago.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

It looks like some words are missing from your question. Could you rephrase and possibly add a few facts?

Customer:

I filed a civil complaint for slander against my ex girlfriend for making false claims in a victim impact statement. The response i got from her attorney stated it was a violation of an FRO because the court contacted. Said it was in irect contact. I haven't had any contact in over 18 months

Dwayne B. :

I want to make sure I understand. The attorney is saying that your suing her and the court contacting her is a violation of a restraining order issued against you?

Dwayne B. :

Are you still there?

Customer:

yes

Customer:

yes that's correct. Even sent me letter stating if i didn't dismiss, he would file sanctions against me

Dwayne B. :

The answer to this is a qualified "no, it isn't a violation". Let me explain that and then you can ask any additional questions you have.

Customer:

My probation officer said it's not as long as it was sent via court

Dwayne B. :

To not allow you to file a legitimate civil case against her would be a Constitutional violation. However, the key there is "legitimate". The only way your lawsuit would be considered a violation of the restraining order is if the court found that it was frivolous and filed solely to harass/contact her.

Dwayne B. :

I agree with the probation officer. The attorney is being extremely unethical.

Dwayne B. :

In that he is trying to stop you from a legitimate exercise of your rights by a threat that he knows is not valid.

Dwayne B. :

There is no law anywhere that says you can't sue her and serve her through the courts.

Dwayne B. :

Now the answer would be different if the court had found that you had frivolously sued her in the past and the order specifically stated you couldn't sue her without prior approval.

Customer:

it is not she accused me of her having to sell her home, lose her job, said i was physcotic . In reaility, she moved into a home with her boyfriend, lost her job because fort monmouth closed in new jersey and job moved to maryland

Dwayne B. :

I don't think you have anything to worry about at all.

Customer:

I never sued her for this, just for money owed, but judge agreed with her. Wouldn't the judge in this claim have to determine validity of the claim

Dwayne B. :

Yes, they would.

Customer:

so there is no way any violation can be issued until court on December 04

Dwayne B. :

I'm sorry, what do you mean by that?

Customer:

they are stating a violation in the response. Can she file one prior to court. She rquested a jury trial and it was granted

Dwayne B. :

She can file a Motion for Contempt in the other case but you really don't have to worry about it because it clearly is not a violation. The lawyer won't want to file it because the judge will be unhappy with them for doing so.

Dwayne B. :

If you are having a jury trial let me suggest a book for you. It is inexpensive and extremely good and can be downloaded instantly. You can find it at this website.

Customer:

Ocean County New Jersey is notorious for violating defendant's rights. So she can file if Judge at trial or motion to dismiss deems it to be frivolous. I really don't want to deal with her

Customer:

i will look at that

Dwayne B. :

Yes, if it is deemed frivolous then she could file but it is still unlikely it would be a violation. IT would take you doing that repeatedly for her to be successful.

Customer:

Is she required to notify the court of an address change so i know where im not allowed to go

Customer:

i occasionally work in her area, i am affraid of her seeing me

Dwayne B. :

If you go somewhere that is not in the order then it wouldn't be a violation of the order. Restraining Orders have to be extremely specific.

Dwayne B. :

As soon as you saw her there you would have to leave and go somewhere else but you can't get into trouble just being in an area that isn't mentioned in the order.

Customer:

Ok cause she moved and court said i had to make sure her address was accurate. It's public record right?

Dwayne B. :

What is public record?

Customer:

Her current address? I.E mortgage

Dwayne B. :

Also, are you sure the court said you had to make sure her address is accurate? That doesn't make sense and it would be unlike any restraining order I have ever seen.

Dwayne B. :

No, her current address doesn't necessarily have to be public record.

Dwayne B. :

It could be but it doesn't have to be.

Customer:

for mailing purposes. I stated she said she moved. They said it had to be correct or they couldn't serve her

Customer:

A friend searched public records through the county

Dwayne B. :

In this case she had to have been served or the attorney wouldn't have written a response.

Dwayne B. :

There is nothing wrong with searching public records to know where to serve her. That won't be an issue.

Customer:

i used her current address, i knew she moved

Dwayne B. :

Nothing wrong with that.

Customer:

ok great. I think that is it. I will check that book out. Is the safest way to proceed to just dismiss the civil complaint and avoid any more headaches

Dwayne B. :

Possibly, although if the attorney is really trying to be an ass then he could say that the dismissal shows it is frivolous. What you may want to do is go and visit with a local attorney about the case, tell him what evidence you have and see what they think is likely to happen.

Dwayne B. :

After finishing that book you should be able to pick a jury just as good as the lawyer.

Customer:

Ok i will do that. Thanks for your help

Dwayne B. :

You're very welcome and 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.

Customer:

You got it

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27181
Experience: Began practicing law in 1992
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