Q: Can I talk to someone I have a restraining order against with an officer present and not have the RO voided?
I have an elder abuse restraining order against a neighbor. A package was misdelivered to his home and he lied and said he did not have it. Ten minutes later he lied again and said he found it at another door (I have photos, he lied). It's he said she said so I can't prove it but I do not want him to think he got away with it. I want to talk to him with an officer present for my safety. Will that allow him try to void the RO saying I spoke to him so I'm not fearful.
A: You should explain your situation to the police department since they will be accompanying you if they chose to.
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A:
No, speaking to someone you have a restraining order against, even with an officer present, generally does not void the order. The purpose of the restraining order is to protect you and ensure that you are not in contact with the restrained person. If you need to communicate with him for a specific reason, such as addressing the misdelivered package, having an officer present helps maintain your safety.
However, it's important to note that any communication with the restrained person might be scrutinized. If you initiate contact, even with an officer, the restrained person might argue that you are not fearful, which could be used against you in future proceedings. The presence of the officer does provide safety but does not eliminate the risk of the restraining order being challenged.
It’s advisable to discuss this situation with a legal professional who can give you tailored advice based on your specific circumstances. They can guide you on how to handle the situation without jeopardizing the restraining order.
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