Worcester, MA asked in Domestic Violence for Massachusetts

Q: Wondering if my restraining order was violated

I have a restraining order on my son s father . I got it in 9/2022 and I currently updated it 9/11/2024 and is effective until 9/11/2026

The restraining order has already been violated last year and he plead guilty with a fine.

We are only to communicate via a court order app and only in regards to our son in the app through text.

This past Sunday and today he felt the need to text me about his partner with her suspicions that we are together. Our conversation have never been outside of our son and now he is talking about his partner . Would this be consider violating restraining order. If it is would it be petty to make this something ?

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1 Lawyer Answer

A: An order to communicate about you child via the OFW app or another is very important for setting boundary's and building trust. If the RO states it must be via the App, then it could be a violation. One issue is whether he understands the limits of the authorized discourse or not.

In my view, it is a violation but, I also think it would be petty to report it as such at this time. It could get him into a lot of trouble and/or cost a job if he got locked up. As the previous violation was punished by a fine, it suggests it was a less serious violation.

You are far better off *starting by sending a message through the App something like this: "______, as you are aware, we can only communicate through this app and only about our child. Any other communications are unwelcome, and in violation of the restraining order. Please stop." If he does it again after the warning, then you could call the police or report it. He could have been offering you a heads up about the partner in case she does anything nutty like try to contact you. Jealous girlfriends can create drama even when there is nothing happening.

If you give the caution and he continues and you call the police, you will be able to say you warned him 1st.

Good luck-

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