Restraining Order Violation - Third Party Contact

 Restraining Order Blog gets a number of questions from readers. Here is a restraining order violation question we just received. Courts have held that third party contact due to an official proceeding is not a violation of a restraining order. How could it be ? 

Hello, My brother and I have a restraining order from his x wife. My brother filed a motion with the court along with a 30 page document pretaining to his personal beliefs and his oppinion of the courts it was adressing the courts not her!..natrurally, the x wife recieved a copy from the courts because she is involved wit the case i.e child support. Anyway, she called the police after reading it. and he was aressted. we are now going to court for violation of restraining order third party contact. this has been ongoing for 8 years, the x wife has lied, uses the restraining order for when it is convinent for her. Mind you the restraing order was no way shape or form have to de with ANY type of violence she made up all kinds of things that were not true, and they hand out restraining orders like candy. She has used the system for vengence against my brother.. Do you think the courts should be considered third party?


Thank you

Restraining Order Violation Questions

 Restraining Order Violation ?

Our Blog gets a lot of restraining order questions from our readers. Here is a person who wants to know IF he intentionally violated a restraining order. I will give my opinion in a comment below the blog post. I am not a criminal defense attorney, and can only give my opinion, based on my experience with restraining orders. 

My ex and I broke up aug 2009. Was not the best break up but really needed to happen. At the end of the relationship I was unable to get all of my things. She would not let me and even got a lawyer involved. Nothing productive ever ended up happening. From time to time I would call her nothing harrissing but just a phone call maybe once a month.

I then bought my first home april 2010. Shortly after that I went to her house knowing that she still had many of my things. I first called the police dept to see if there was any orders in place there was not. I got to her house she would not answer the door. She talked through the door and said she was gonna call the cops. I said that I the best thing to do. The cops showed up and helped me get my things out. I thought all went well.

A month later she filed for a restraining order it was then granted. Fast forward to aug 2010 my new girl friend and I went to a bar to see some friends and her sister who was home for the week from Florida. I live in new Hampshire. My new girl friend and I arrived ordered a drink a piece and started to say hi to everyone. There were about 15 friends there. I took a Couple of sips then went outside for a cigeratte with some friends. After being out there for 5 min a friend of mine said your ex just walked out behind you. I was really nervious at this point.  I put out my cigeratte them went is to retrieve my tab so I could leave. The server came over almost the same time I got back in. She said your ex is here and was asking a bowncer to throw you out because of the order. She then said we can not throw you out. I said I am leaving now anyway I don't need any of this drama. I gave her my card did not wait to sign and attempted to leave out the back door. Apperantly she had already called the cops. The cops came and charged me with violating the order. Already went to a bench trial was found guilty now I have to wait for my jury trial.

Do regular people feel I violated the order?