Boston, MA asked in Domestic Violence for Massachusetts

Q: What happens if the victim violates the restraining order?

If I answer the phone when the victim calls and talk will I also be violating the restraining order?

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1 Lawyer Answer
Lissa McKinney
Lissa McKinney
  • Domestic Violence Lawyer
  • Acton, MA
  • Licensed in Massachusetts

A: YES- If she calls and you answer YOU are violating the RO. Let it go to voicemail; screen shot the incoming call and back it up because it demonstrates she is not "in fear of imminent seriously physical harm." If you DO NOT answer maybe she will call more than once which will help you prove she is cntacting you. She can give anyone else a message if it is urgent, or she can call your lawyer. But stay clear of any and all direct or indirect communications, NO ONE in your family can message her at all about the RO. No friends either. IF she initiates contact, they are only to receive a message from her to pass on to you. No discussions of the RO and you will be safe. You must understand that it is a COURT order directing YOU NOT to have any contact, EVEN IF you think she wants it. She does not have the authority to change it or give 'permission' for you to talk to her. ONLY a JUdge can do that so she can MODIFY it if thats what she wants. IF you havent had your two party hearing, or the RO has been in place for awhile, you might find an experienced domestic violence lawyer can help evaluate whether you can get have it terminated or not. Good luck!

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