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In the year 2000 which is 18 years ago my ex-wife obtained a…

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In the year 2000...

In the year 2000 which is 18 years ago my ex-wife obtained a restraining order hearing Florida permanent for no contact. Because we have a child together we started visitation and eventually we would talk almost daily about my son's well being in school Etc. In 2013 we got into an argument about his school and she used the 13 year old restraining order to prevent me from even going to my son's basketball games. And all the 20 years I have never broken the order I have not contacted her unless it was to talk about my child who is now an adult. Now after so many years my father is dying in the hospital and while I was with him my cousin took it upon himself to contact my ex to let her know that my son should come see his grandfather and his Deathbed she told him off and then he in a fit of anger Senter a text without my knowing I was right next to my father in the ICU unit which leaves an hours to live the last thing in the world I would have done would have been to contact my ex-wife who I haven't contacted in many years but my cousin did so without my knowledge he admitted it to me today I am worried what can I do

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

I am thinking of going to the state attorney's office with my cousin who will absolutely admit to having been the one to send a text from my phone without my knowledge I was next to my dad crying in intensive care there's no way I could have sent that text should I go to the state attorney's office and explain

Lawyer's Assistant: Has anything been filed or reported?

This happened yesterday as of this moment nothing has happened where I've been notified of anything

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just need to know what to do

Submitted: 7 months ago.Category: Family Law
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Answered in 6 minutes by:
1/5/2018
Family Lawyer: Law Educator, Esq., Lawyer replied 7 months ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 126,711
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

First off, based on the circumstances, the state attorney is not likely to entertain any violation of the restraining order for notifying your ex that your father was dying to let the grandchildren know. Second, if your cousin does admit to doing it without your knowledge, the state attorney is not likely to accept that this violated the order. So with those things combined I do not see them even pursuing a restraining order violation.

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Customer reply replied 7 months ago
basically what he did was go back to many years ago and told her that he was going to take her to court as if I was talking and that he was going to seek help because we have been in contact for over 13 years there has not been an issue of domestic violence of any kind I have not violated the order but we simply spoke for many many years about my son's well-being after 5 years of absolutely no contact my cousin decided to do this without really recognizing the damage it could do to me now if he is to swear on that will I still be able to get arrested and charge or will they ask me for an explanation first and I can provide it or should I go to the state attorney's office I suffer from anxiety disorder and this is causing me to the point where I had to leave the hospital and leave my father in his deathbed that's how worried I am
Customer reply replied 7 months ago
My problem is that I drive for Uber and they have zero tolerance on a rest I cannot get arrested that is my big concern
Family Lawyer: Law Educator, Esq., Lawyer replied 7 months ago

Thank you for your reply.

With your cousin admitting they did this without your knowledge it is not likely they will charge you for violating the order, especially with these circumstances.

YOU should not go to the state attorney first, you should use a local attorney to represent you to do so only if she tries to pursue a violation of the restraining order. You do not want to say anything to the SA because anything you tell them can be used against you, whereas anything your attorney tells them cannot be used against you.

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Customer reply replied 7 months ago
basically before arresting me they would have to get the approval of the DEA or can they just come and arrest me and then let things sort themselves out
Customer reply replied 7 months ago
I could not be arrested due to my work with Uber that is my real big concern
Family Lawyer: Law Educator, Esq., Lawyer replied 7 months ago

Thank you for your reply.

Usually they will not arrest you unless the SA authorizes the arrest, but they can arrest you and send the case to the SA for decision about prosecution. I understand your fear about not being arrested because of your job, but there is nothing else you can do at this point other than hiring a local attorney and having them try to do damage control with the SA to stop any arrest.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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