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Domestic Violence Injunction Violations - A One Way Street

One scenario that I see play out all of the time is this:

Mary gets an injunction (restraining order) against John. A few months go by and Mary calls John, maybe even multiple times. Maybe Mary says she doesn't want the injunction, maybe Mary says she loves John and wants him to come home. The point here is that Mary goes out of her way to try and re-connect with John. So John, gives in and goes to Mary's house where they hang out.

Did John violate the injunction, even though Mary requested the contact? Yes. The contact is against a Court order and Mary cannot undo the Court Order. For the Court Order to go away Mary (or John) must file a Motion to dismiss the injunction and the Judge must formally dismiss the injunction. Until this happens, John is at risk of jail, fines, etc. due to his violation.

Did Mary Violate the Injunction? No. Mary cannot violate the injunction. An injunction is a one way street. It only prohibits John from contact Mary. It does not prohibit Mary from contact John. That said, the fact that Mary is contacting John does tend to show that she is not afraid of John and if John were to file a Motion to Discuss the Injunction, he might win by showing that Mary repeatedly attempts to contact him.

What should John have done? He should have ignored Mary's requests or simply replied, contact me after dismissing the injunction.

Violating an injunction is a serious offense. Maintaining and Injunction when you have no fear of the person is also serious and seriously harmful to the other party. If you have found yourself in a situation like this please call a lawyer for a free consultation.

www.SolarisLegal.com offers free consultations.

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