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Breaking restraining order

(8 Posts)
clairehaines1 Mon 25-Jul-11 13:47:29

Sorry have another restraining order question, reason im asking is my dp didnt have a solicitor at the time so thought id ask here before having to find a solicitor and go to see them.

terms of restraining order no contact direct or indirect and cannot attend home address (of his ex partner)

Question i have is if my partner bought a birthday present for his daughter and gave it to one of his ex's sisters or took it to her parents address would this be breaking his restraining order? wasnt sure if it would be seen as indirect contact? there would be no conversation or anything like that would just literally be dropping present off and asking for it to get to his dd, or could his sister do it for him?

Thanks to anyone who may know

Claire x

LaurieFairyCake Mon 25-Jul-11 13:58:31

If the order says no indirect contact then that would be breaking the terms. He's not supposed to send anything at all ? He's allowed no contact at all ?

clairehaines1 Mon 25-Jul-11 14:22:47

Thanks for your reply,

Yeah he cannot contact his ex directly or indirectly we are in process of applying to have this discharged due to ex wanting to be in room with him at contact but thats in the very early stages and its his dd birthday next month so was hoping as it was a present it wouldnt be classed as indirect contact!

Thanks again

mumblechum1 Mon 25-Jul-11 14:48:15

I advise that he contacts her solicitor and asks whether they'd be prepared to accept the gift and pass it on to their client.

cestlavielife Mon 25-Jul-11 15:13:03

he cannot contact the ex - but what has court said about his contact with DD?

StewieGriffinsMom Mon 25-Jul-11 15:14:27

Message withdrawn at poster's request.

clairehaines1 Mon 25-Jul-11 15:44:29

Were just applying to court at the moment, all contact requests has been done thru solicitors so far, SS have no concerns with contact its his ex being difficult and contradicting herself which is why we may have grounds to get the restraining order lifted, my dp just didnt not want to try to get a present to his daughter, he'll just have to buy it and keep it at ours until he eventually sees her

Riakin Mon 25-Jul-11 16:44:32

Hi Claire,

Basically the Restraining Order is against his ex is what you are saying... not his Daughter?

If it is a present for his daughter and he asks his ex's sister to pass this present on he will not be breaking the restraining order as essentially under the Order it will say person a is not allowed contact with person b. That is who the restraining order is aimed at, not his daughter from what you are saying.

He can send away.

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