If a person violates his/her restraining order but did not get reported, is the restraining order void?
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If a person violates his/her restraining order but did not get reported, is the restraining order void?
I have a restraining order against my husband and the judge modified the order to allow text messaging as of a way to contact his children and only about his children. He has called and text me non-stop and none of the calls or text messages have anything to to with the kids. I have responded to his text messages but never answered his calls. I have reported him as of last Friday and now I’m worried that the restraining order will be void due to my responding.
Asked on December 19, 2011 under Criminal Law, Oregon
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The restraining order that you have written about would not be void due to the facts that you have written about that is in effect against your husband where you responded to his texts.
Possibly he could be deemed in violation of it due to his contact directly to you. If you are concerned that there may be some issues concerning the possible violation of the restraining order that you have written about, I suggest that you consult a family law attorney. Most family law attorneys have experience with restraining orders.
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