What Happens When You Press Charges for Breaking a RO?
BM continues to contact DH via text message. The restraining order against her specifically states that there be no electronic messages including texts, emails, etc. The only exception for contact is "peaceful contact in regards to court ordered visitation".
The order was established in the summer. Since that time, we go through cycles where she will not contact DH, but then she starts to test, test, test and the the barrage of messages slowly begin again. This will be anything from her putting DH down for being a bad parent, to her asking DH to have SS call her, to "accidental" messages to her newest flavor of the day and on and on.
We took the time to chat with some lawyers to understand how the order works and they have confirmed that this type of contact is in fact breaking the order. We wrote her a letter in March, reminding her of the order and alerting her that we would press charges should she continue to break it. She quieted down for a bit, but has been back to her every other day messages. She sent some messages last night at 7 pm after her Mothers' Day overnight with SS13.
First one stated, that she just read her email and that SS has a report that SS had due. (note we have primary custody, she has eowe, and the report she spoke of is due every Monday as it is an on-going assigment). DH responded with a reminder of the restraining order and a warning. She responded with two more. First one challenged him to show the courts that she breaks the order and she'll do the same (she's dumb and there is NO RO against him). Second one said that she's allowed to contact him about SS13. nope. wrong.
Anyway, we filed an electronic police report through our local PD. The sytem stated that custody issues were a valid reason to use the system. We included a narrative about what happened and has happened along with copies of the letter we sent in March and copies of select messages she's sent since February.
I'm just wondering what happens next? She lives in another county. Will the police need anything more from DH? Will he need to testify in a criminal case against her?
Anyone with experience in this area, I'd really appreciate the advice.
We really just want her to leave us alone (hence the order). And since we've told her that we will press charges, it seems like we must follow through at this point.
thanks!
That's basically my
That's basically my understanding of how it works here as well. Every lawyer I've spoken to says that this is serious and she IS breaking the order.
So, if we've submitted evidence that she's broken it, what happens next?
will they send cops in her county to her home? will the police call her? I'm just new to this "criminal" stuff as I've never had any friends, family, etc with any criminal issues.
Step, DogPerson probably
Step, DogPerson probably knows better what to do but I'll share what when our BM started breaking our Order of Protection.
1-She started texting skid in our custody abusive emails saying he was killing her & sent pics of her in a "supposed" hospital gown. We filed a police report.
2-She started getting the adult brother leave hateful threatening voicemails as our RO says no contact through a third party. We went to the police & played the tape. They said they can't go arrest her because she didn't leave near us anymore BUT he instated a warrant out for her arrest.
3-She came down for the court appearance & stupidly tried again to make contact. What an idiot. Cops came & arrested. They let her go on a technicality but its been 3 months of quiet & the only time we had to hear her was in court.
My DH's ex is like yours, crazy trash.
Depending on the
Depending on the jurisdiction, first find out if the RO was handed out in Civil court or Criminal Court. If it is Civil court, which is the norm for most family court issues, most likely the police will do a documentation of it which you will then have to bring to family court to show the violation and see what judgement the Judge imposes. If it is indeed Criminal court, then that would probably be different.
I know by me, for issues like child visitation interference, eventhough there is a court order saying what the visitation is, it is a civil document. The police only document that Parent A is refusing to give Parent B said child at whatever date and time it is if Parent A refuses to let the child go. The police can't force Parent A to give the child to Parent B.
Check with your lawyer, but also maybe go an talk to your local PD to see what, if anything, they can do or how they follow through with such violations. I do know that sometimes attorneys give misleading or incorrect advice to their clients about what the police can and can not do.
Family court creates a grey line for a lot of issues.
Well, we got notification
Well, we got notification that the police report was accepted and they provided us with a copy of it. It also noted that any questions should be directed to the criminal investigation department. We put in a call but have not heard back yet.
I've received a ton of conflicting advice. On one hand I've heard the police say that in my state, if there is evidence of the RO being broken, they MUST arrest (or put a warrant out).
I've also heard that we must take the police report down to the court and file a motion for contempt - but to maybe wait till we have several instances/ reports, etc.
We have lots of evidence of her breaking the order.