Q: Can you violate a restraining order before you're served?
I informed now ex's step mom of the granted restraining order. Within 10 minutes he called and left a voicemail essentially demanding I drop it. A few hours later, dearest step mommy sent another text trying to cover him by saying she'd let him know. Uh huh, sure. Anyway, he hadn't been served yet but very obviously knew he had a restraining order against him and he shouldn't have contacted me. Does that mean he broke the order, or does it basically not count because he hadn't been served yet? Thanks in advance.
A:
The overall answer to your question is maybe. A person could commit an act that is a violation of a restraining order and independently chargeable as a crime (physical assault, harassment, trespass), so yes as to that. For your specific, no. If the restraining order has specific limitations on his being able to contact you by phone, these are not in effect until he is served with the Order and the Order is filed with your local PD.
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1 user found this answer helpful
A:
more info needed.
if he hasn't rec'd the RO he is probably not bound by it but his actions may lead to other crimes/civil wrongs
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