Do not make contact! The other person broke the restrain order. Not you. But if YOU make contact YOU broke the order and can be charged with a misdemeanor.
Added: Maintain records of any calls from the plaintiff. You could use them against the plaintiff at trial.
What happens if both parties violate a restraining order?
The question makes no sense. There is no payment of a restraining order. To obtain a restraining order, you either contact your local law enforcement agency and have a temporary order filed, or you motion the courts for an order, in which case you pay a motion fee to the court. Nothing is paid to the plaintiff, and the only reason your landlord would be involved is if he is the plaintiff or the defendant.
You will probably serve time in juvenile detention center.
It will not expire.
Yes they can.
"If a restraining order is placed on you because of supposed aggression or assault, a battery attorney can help you prove in court that the plaintiff was never in any danger. Thus, you prove the restraining order was baseless and it becomes moot."
If it can be proven that the un-served party "knew" of the restraining order, the fact that they did not receive (or avoided) service of it, is not a defense.
The easiest way is to break the restraining order...then you will know.... Depending on the state you have to be served the restraining order. If you think you might have one, it is best just to assume you do have one and avoid breaking it...
A petition seeking a restraining order must be filed in the court with appropriate jurisdiction over the parties.In most cases, the defendant must be sued where he/she lives.Another View: Disagree. If the alleged activities are occurring in the jurisdiction where the victim lives, the restraining order must be applied for in the jurisdiction in which the plaintiff resides, and in which the alleged activities are taking place. When granted by the court in the plaintiff's jurisdiction it is enforeceable throughout the state.
You need to speak to a lawyer in your area.
It is not up to the person who takes out the order to serve it. That is done by a court server. If the person being served can not be found, the order can not be served.
If the plaintiff (meaning the one who asked for the restraining order) violates the very order they requested, and seeks out the other party then they could be subject to the same penalty as the person against whom the order was sought. The options which the judge may exercise are broad. It can become very complicated depending upon the restrictions the judge set in place. Since it was a TEMPORARY order - the judge COULD just vacate the order and dissolve it.