Legal Question in Family Law in Alaska

Re: Temp restraining order

If someone violates the terms of a restraining order, they could be arrested, and could also be brought back to court on contempt charges.

However, if a person got a restraining order against you, that person is probably not in violation of the order, because that person is probably not restrained, unless there is a mutual restraining order.

If that person did something to cause you to be in violation of the order, for example by getting closer to you than the order permits, then you could ask the court to modify the order based on that.

Re: Temp restraining order

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

If you are being restrained by an out of state order, it probably needs to be registered in your state to be truely effective. If the person with the order violates it (technically speaking, takes an action that puts you in violation of the order, e.g., coming too close to you), a court could decide that the order has been voluntarily terminated by the action, but probably will not do so. Instead the court probably will admonish the person with the order to abide by the order.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.