So there was this incident that happened with the person who got the restraining order and my mom contacted that person to try to discuss it but here’s the thing i did not tell my mom to do it in fact I told her to just leave it bee. But my mom is stubborn and did it anyways. So here’s the thing I did not tell her to do it so it’s not on my behalf and in the temporary restraining order it does not say nothing about my mom contacting her it does say though that I can’t indirectly talk to her through anyone like telling someone to tell them something for me. But I did not do that. The only thing I can say is for that person to get a restraining order on my mom too
Actualización:Why would I be arrested since I did not do anything my mom talked to her not me and the order says I can’t talk to her so the order only keeps me from talking to her directly or indirectly she she should get an order on my mom then
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Answers & Comments
You told your mother the order existed precisely because you KNEW she would violate it.
You also know the order, like ALL such orders, explicitly prohibits indirect contact, which is what YOU did by sicing you mother on the person.
Without reading the restraining order there is no way to know. MOST restraining orders I see have language involving people acting on your behalf. I'm pretty sure your mother didn't contact the person because your mom didn't have anything else to do with her time. That means she called on your behalf. Yes, you can be arrested. This falls under the category of "indirectly." If you DO get arrested you can argue that you told your mother to stay out of things, and she made contact despite your instructions. After that the REASON your mother called determines what happens next.
not your responsibility, so no issue to you
If the person taking out the restraining order reported the violation to the police, you will be arrested and charged with violating the restraining order. When the case goes to court you would have to enter a plea of "not guilty" then the judge would have to figure it out. Keep in mind after your arrest, you may be held in jail for up to 72 hours before you see the judge to have bond set and then you'll have to post a bond to get out or you'll sit in jail until your court date. I would be discussing this matter with a lawyer ASAP
If your lucky, you'll just get a warning.
Technically you didn't break the restraining order. But here's your problem. The police can just arrest you. Because of the restraining order, your now guilty until proven innocent. By the time you get in front of a judge you might have spent 2 days in jail.
That's worse case. Chances are you'll just get a warning. So just try to not worry about it.