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LegalKnowledge, Attorney
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if a mother has a restraining order against an ex-husband that

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if a mother has a restraining order against an ex-husband that he cannot have connect with his minor child, can the mothers sisters still have a friendship with said ex-husband or would that violate the order.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. The restraining order that is in place, would only have a legal effect and be binding, on those parties who it is intended to protect. In this situation/case, the father can not have any contact with the minor child nor use a third party, to try and have contact. This prevents any direct or indirect contact. For example, the father can not use the sister in-law to try and reach out to the minor child. However, if the father and the sister in-law have a friendship and the child or his ex wife are not involved in any way, then it should not be an issue or result in a violation. The last thing you want to happen, is a situation where the father/ex-husband is accused of trying to use the sister in-law, to have contact with the child.

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Customer: replied 2 years ago.

the father has visition rights everyother weekend he just can't be alone with her.

Can you please clarify the issue with the restraining order? You said above that he can not have any contact with the minor but now stated that he has visitation rights that are still in place but a 3rd party needs to be present?
Customer: replied 2 years ago.

the mother has charged him with assault. he can not have any contact with the mother but can see his daughter any other weekend with his mother present. my sister told us today that because I talk to him about the case that he has violated third party rights and she is going to throw him back in jail. have we done sometime wrong because we have tried to help a man who is getting railroaded. my sister is a probation officer and she using her connections a the court house in her flavor to help destroy him.

Thank you for the additional information. If the accusations are false and he is going to call your sister and anyone else as a witness for his defense, there is nothing wrong with him doing that. If there is a restraining order in place, he does need to comply with the conditions of it, so there is no violation and he does not have to be placed in jail, for violating it. Before this even happens, there would have to be a hearing on the matter. If your sister is not involved in the case and is using her authority to harm him, her actions need to be reported to her supervisor as well as the Judge, since she is influencing the case, unnecessarily. As the alleged defendant, he should not be talking with the victim or trying to speak with or deal with any other third parties, outside the presence of the court or during any other proceedings. However, if these people are going to help his defense, it is a different issue.
Customer: replied 2 years ago.

if she is talking to people about the case outside the family is she wrong? so if we are willing too talk on his behalf, can she still threaten us because we talked to him about as third parties and have him thown in jail.

Since she was not involved with the case, she should not be speaking about it, since she does not have first hand knowledge about what happened. She could be starting rumors and spreading lies, so she should not be discussing it with anyone, since she is not a party to the action. If you are going to testify on his behalf, then there is nothing wrong with him speaking with you about the case. His attorney should have your contact information and you will be called as a witness, if there is a hearing and/or trial.
Customer: replied 2 years ago.

she who you are talking about is my sister is pressing charges. she gone pysho. this morning she threaten to put to have me put in jail because I took my brotherinlaw's deer stand because he ask me to get it. his name is XXXXX XXXXX the house. the stand belong to him so I was going to give it to him. she says she is going to put me in jail because I took it out of the barn and she wanted it so she could sell it.

That is something which you can not do. There is a difference between speaking with him and helping him in his defense and then being used as a third party to enter the home and retrieve his belongings. If he wants certain items that belong to him, he needs to get a court order and permission to enter the home. As far as her putting you in jail, that is not likely going to happen. If she tries to sell it and it is something that belongs to him, she could be liable and have to pay him the money she obtained, if they divorce.
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I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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