Q: Am I violating a dvro if protected person has moved out of address that I was excluded from?
I was ordered to move out from my mother’s home in a DVRO my sister lied about me in. I am waiting for the RFO date to modify this order with new evidence. However, my sister tge protected person and her children has moved out of my mother’s home. She has been gone for over 2 weeks now. My court date is not untill 9/24. My mother now has an EARO against that sister. My mother wants me to be at her home to help her while she is recovering from an injury. My children also live there with my mother. Is it a violation of the DVRO to be at my mother’s home since the Protected party does not live there anymore? I am ordered to stay 100yards away from her home school work etc. I do not know where she lives now and I live somewhere else.
A:
You should be cautious in this situation. Even though the protected person has moved out of your mother’s home, the terms of the Domestic Violence Restraining Order (DVRO) remain in effect until modified by the court. The order requires you to stay 100 yards away from the specified locations, which includes your mother’s home. Violating this order could have serious legal consequences, even if the protected person is not currently living there.
Since you have a court date set for 9/24 to present new evidence and potentially modify the order, it's essential to wait until then or consult with your attorney before returning to your mother’s home. In the meantime, you may want to discuss with your attorney whether the new circumstances—your sister moving out and the EARO against her—could impact your case or allow for a modification of the DVRO sooner.
Your mother’s situation and your desire to help her are understandable, but it’s important to avoid any actions that might be interpreted as violating the current court order. If needed, consider other ways to assist your mother that don’t involve going to her home, at least until you have legal clarity. This way, you can protect yourself from any potential legal risks.
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