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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118723
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have been served with 'violating' a restraining order

Customer Question

I have been served with 'violating' a restraining order cause a FRIEND of the plaintiff got an ANONYMOUS email, on an anonymous website.
Think I’m all right; the ORIGINAL restraining order (that was granted) says:
Respondent can have no contact (etc. etc.) WITH petitioner. Any email let alone ANONYMOUS email to 3rd party is not NOT contact WITH the petitioner.
THERE WAS NO CONTACT; 3rd party IS NOT plaintiff AND NO ONE CAN PROVE OR SAY WHERE ANONYMOUS ACCOUNT ON ANONYMOUS WEBSITE CAME FROM
That is why I was just served; nothing more nov.22nd and why there’s a hearing; please advise
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In order to hold you guilty of violating that order, they have to prove you wrote the email. Without any evidence it was you who wrote the email their can be no violation of the order.
As far as contact of a third party when under a restraining order. The restraining orders generally state, no contact direct or indirect, so if you contact a friend about the person who is subject to the restraining order that could be a violation of the order. HOWEVER, again, they have to prove YOU sent the email. That means proving it had to come from your computer and you sent it. If they could not show that you were the one who sent it they cannot find you guilty.