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Can someone please define "third party communication" and does my sister fall into that category?
Anonymous2 views3 answers
My nephew had an order of protection placed against him, by his girlfriend's ex step-father trying to keep him and his pregnant girlfriend apart. My sister is being told by the girlfriend's mother that she cannot see the girlfriend that is carrying her grandchild.
A third party communication is when someone trasnmits information or communicates with someone at the request of someone else. (Please tell her this....) In the context of an order of protection. the person who is prevented from communicating must not communicate to the protected person through someone else.
Your nephew cannot try and get a message to his girlfriend by asking another person to deliver the message. Applies to asking someone to text or email the girlfriend for him.
www.srtriallawyers.com
Charles Schierer
1-312-888-5832
The only person with a protection order placed against him is your nephew; accordingly, the only person legally prohibited from seeing the girlfriend is your nephew. Protection orders not only prohibit physical contact and being in a person's physical presence, but they also prohibit any form of communication with the person protected (i.e. text, email, phone,). Your nephew may not contact his girlfriend either directly (himself) or through a third party (someone else.) The parties to the protection order are your nephew and his girlfriend; a third party is any other person not your nephew and not his girlfriend. Unless your sister also has a protection order against her, there is no reason why she cannot contact the girlfriend or walk right up to her and speak to her. She is not bound by the court's order against your nephew. If she were to transmit a message to the girlfriend, ("nephew told me to tell you that . . . . . . ") then your nephew would be the person violating the court's order, not your sister. The court has no jurisdiction over your sister, although if she started delivering messages on behalf of your nephew, she'd be facing one fairly shortly.
Your sister should be careful about any contact she has with girlfriend, perhaps always make sure someone else is there as a witness so that the girlfriend can't later claim that your sister tried to deliver messages from nephew when she did not.
