What voids a restraining order? 1 Answers as of April 15, 2014

My wife recently placed a temporary restraining order against me in Massachusetts. Does the fact that she contacted me via telephone tonight regarding working it out without going to court this coming Thursday, nullify the order?

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Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
A restraining order placed by someone with you as the defendant does not restrict what they do in any way so the answer is NO, it is not voided because she telephoned you. In fact, if she telephoned you and told you that she didn't care about the Order and invited you over and you went, YOU would be in violation for doing so. She would not have any consequence. You need to understand that a court of law has restrained YOU from particular conduct. They have not ordered her, as plaintiff, to do or not do anything. The order will expire on the expiration date by operation of law or she can go in early to vacate it. Only a judge can terminate the order prior to its expiration date and time. All information and analysis provided herein is for Massachusetts law and Massachusetts cases, ONLY. If your matter or question involves the laws of another state please disregard this post and seek advice from an attorney licensed to practice law in the applicable state.
Answer Applies to: Massachusetts
Replied: 4/15/2014
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