Q: If the mother of the perpetrator contacts the victim and asks her to change the restraining order, is that a violation?
Daughter has an ex-parte harassment order against soon to be ex-husband in Minnesota for which she goes to court tomorrow for the hearing. Husband is in jail right now for violating the temporary order on Saturday, a felony violation. Her mother-in-law showed up at her house (our house) today despite being asked to not do so (she had just popped in just the other day even though she knew there was an order) and asked her to change the order to exclude their minor child. Isn't this right on the verge of a violation in and of itself? Does another order have to be filed to keep her away as well?
A: This is not a violation of the order unless the order prohibits the mother from contacting the soon-to-be ex-wife. Arguably, the soon-to-be ex-husband could be charged via third party contact. However, if he is in jail and the phone calls/visits are recorded, it should be clear whether he was involved in his mother showing up. If he wasn't, no one can be charged.
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