Legal Question in Family Law in Missouri
I have an restraining order against my fiance's ex husband for threaten to abuse me. After my fiance and I dropped her daughter off at her ex husbands address / parents house, I received a text message from her ex father in law telling me not to come on his property again or he will have me arrested.
I immediately called the police and filed a report. The officer said it was not in violation of the ex father in law to text me about trespassing however it is a fine line but not enough evidence to be violation of restraining order. It is also a fine line that we are in violation of trespassing by dropping his grand daughter off.
Am I trespassing being in the car with my fiance dropping her daughter off? And isn't it violation of the restraining order having the respondent's father contact me?
1 Answer from Attorneys
Based upon what you posted, it appears that the father-in-law was iwrong, but not unleaful and does not seem to have committed any crime. According to you, the father, not grandfather, is the respondent/recipient of the Restraining Order. The Grandfather is not restrained from contacting you. But, if there was a reasoable likelihhod that the father would be at his father's house when your fiance dropped off the child, you may have violated the Restraining Order. Your calling the police to report that you went with her to transfer custody to the father (albeit at grandfather's house) may be the evidence the father needs to have the Restraining Order lifted. If yoru car was jsut in the street (and never pulled into grandfather's driveway) you wre not tresspassing. But, if you ever go in the property now, you will be guilty of tresspassing, as you have been told you are not allowed.
Good luck
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