What is considered third party contact?

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i have a restraining order against my husband and there is no third party contact. his friend was asking me questions concerning out situation....what can be done about this?

3 Attorney Answers

If your husband's friend was not prompted by your husband to contact you, then your husband is not in violation of the order. If the third party contact was initiated by your husband however then you would have a remedy with the court. Upon unlawful contact, you can call the police to enforce the order. Your husband would likely be arrested and have to face the judge in court. If this is a family court matter, another remedy is to go to court to file a contempt action which will also result in your husband having to face the judge and also carries the possibility of arrest.
Third party contact is when the forbidden party makes contact using an intermediary to circumvent the existing order of protection. Your example would be considered third party contact if there was proof that the friend was directed to ask questions by your husband. If you think or assume that is the case but have no proof then the police should not bring contempt charges.
Why was he asking the questions?
I would be happy to speak with you about your case and help answer your questions. If you are interested, feel free to call. Additionally, we offer free consultations on the phone so you do not even have to leave your home to get help.
I wish you the best of luck.
Please remember that I do not normally monitor these questions after I have posted a reply.
Hayley Greenberg
Greenberg & Merola, LLP
Attorneys at Law
521 5th Ave. Ste. 1700
New York, NY 10175
(212) 593-6111, facsimile (516) 887-1720
(Additional offices: Brooklyn, Queens, Long Island)
www.GreenbergMerola.com

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