If it is brought to the court’s attention, they usually vacate the order.
The respondant (A.W. KHABIR) might want to document the calls or make copies of the emails from the petitioner (KIMBERLY LOUISE BATEMAN) in case it comes to court. The problem then is that it is one persons word against another so witnesses would be nice.
Yes its violating the restraining order if it says no contact , the restrant is prescise and if broken police can be called about harassment and legal proceddings taken against him by them .
If the person who made the restrant calls the other they can be charged for provoking and also breaking there own restrant . its only paper and legal services police need to do something if you call them.
Under no circumstances should a petitioner be calling or emailing a respondent if the respondent is not allowed any contact.
If (KIMBERLY LOUISE BATEMAN) they are being ordered to court because they apparently violated the restraining order because they had contact with the person (A.W. KHABIR) they put the restraining order against. What happens next?
The Judge will not be happy !! They look at it as a waste of Court time and monies spent .
You (KIMBERLY LOUISE BATEMAN) could be arrested for violation of your own order.
If I were a judge and someone came to me stating that they needed a restraining order and I issued one and then the petitioner showed by her actions that she/he really didn’t need one, I wouldn’t trust that person next time he/she walked into the court room.
Who ever is receiving these calls (A.W. KHABIR) and emails (A.W. KHABIR) should take photos of the incoming call register on their cell phone as evidence and make copies of the emails. My opinion is that under no circumstances should these calls be returned. I wonder if the respondent could file for a lifting of the restraining order or if the respondent could file for a cross restraining order. This situation does not ring fair.
Finally the respondant (A.W. KHABIR) must go to court and file an ex-parte motion, which is to request the petitioner (KIMBERLY LOUISE BATEMAN) back into court so the judge can make a decision to vacate the order or have the petitioner (KIMBERLY LOUISE BATEMAN) arrested for violating her own restraining order.
Kimberly Louise Bateman had her niece Charmaine Ross follow A.W. KHABIR to a store and to the ATM inside the store on or about May 31, 2011. Charmaine Ross repeatedly tried to enter into a conversation with A.W. KHABIR, while he was at the ATM. But A.W. KHABIR said nothing and just walked away to the store clerk to make a purchase. Charmaine Ross then follows A.W. KHABIR to the check out stand and told A.W. KHABIR that KIMBERLY LOUISE BATEMAN IS TRYING TO CONTACT A.W. KHABIR.
Again A.W. KHABIR just walks away and out of the store.
It’s really the judges call (arrest KIMBERLY LOUISE BATEMAN or vacate the restraining order) as to what the judge wants to do.
But again Judge will not be happy !! They look at it as a waste of Court time and monies spent .
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