What constitutes violation of a restraining order?

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What constitutes violation of a restraining order?

My brother-in-law has filed a restraining order against my parents but they’ve not been served yet. However, he’s been texting me their daughter and asking me to relay messages to them. Is he in violation of the restraining order?

Asked on August 27, 2017 under Criminal Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

What does the order say? If it does not prohibit *him* from contacting *them* (you say he filed it, so it likely does not restrain him--only them), he's not in violation. Even if the order does restrain him from reaching out to them, if it only prohibits direct contact, him contacting you and asking you to relay messages would not be a violation. You need to reference the terms of the order to see what is prohibited.


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