Is A Threat To His Son A Violation Of A Dad's Protective Order Against His Ex? Lawyer Says...

This week, our criminal lawyers discuss a young man's concern regarding a threat he received from his Dad's ex-girlfriend and if the danger is a violation of his Dad's protective order against her.

The Question: My Dad and his ex have a no-contact order due to an ongoing case. She had someone verbally threaten me with harm. Is this a violation of the no-contact order since I live with my Dad?

LawyerSays_Criminal_IsThisAViolationOfNoContactOrder_040721_MTM

So basically, my Dad and his ex have a no contact order due to an ongoing case. I posted something on Facebook (Basically a post about finding it funny when bad stuff happens to mean manipulative people who lie to get what they want. -I know drama is stupid.-) that wasn't about her but her daughter thought it was so she commented and then her mom - who has a no contact order with my Dad - messaged me saying its defamation and I basically told her that the post wasn't about her and I'm sorry she compares herself to other horrible people in my life, but she's still saying that me posting something that could theoretically be about her is still defamation and she can use it in a court against my Dad.

I stopped responding and blocked her. Then someone threatened to "mess me up." And then said they were doing it for the lady my Dad has a [No Contact] order with and I'm just wondering if we can use any of this in court? Like is any of this considered a violation of the no contact order or interfering with an ongoing investigation? I've already called the police and reported the threat and that the guy said he was doing it for her.

The Answer: It all comes down to the language in the actual no-contact order. The order will state who cannot be contacted.

Protective orders include precise language when it comes to no contact.  The language of the order details what type of contact is not allowed, who cannot be in touch with whom, and for how long there should be no communications.

If the order does not mention you as a party with whom your Dad's ex is not allowed to contact, then her messaging you is not a violation of the order.

Since you only mention that your Dad and his ex have a no-contact order, we assume it is between the two of them, and no other parties are involved. That is usually how protective orders go, they involve two parties and no more, but that doesn't mean they can't include more than just two parties. It is all about the details when it comes to protective orders.

Now to the threat made against you, if that communication continued and moved into the realm of harassment, then you have a reason to file for a peace order. These orders are for those not involved in a relationship; protective orders are for those in a relationship.

Otherwise, the threat is empty unless you suffered an assault from the person who threatened you or you are a part of the no-contact order.

You have done the best thing you can do, block these people on social media and their phone numbers so that you cannot communicate with them.

Get Answers to Your Burning Legal Questions!

You can submit your own question to #LegalSays below, or just skip the wait and go straight to scheduling your own (free) first consultation with a JC Law attorney at your convenience.

 

Our automatic disclaimer: We're lawyers, but not necessarily your lawyer, and do not represent the individual who asked this question. We're providing this information for general educational purposes based on the publicly available information provided by the anonymous Internet user. Any number of details may change how this individual's attorney may pursue this legal situation, differently from how we suppose above. If you have a similar question, then you should consult with a lawyer about your specific situation to get a "real" response!