My question involves restraining orders in the State of: Florida

My ex put a restraining order on me in June of this year. I am not allowed within 100 ft of her or have any contact with her or our two year old son. The only reason why she put the retraining order on me was b/c her child custody attorney told her to b/c we got into a heated argument the day before the custody hearing. He said it would be good for her case and a way to force me to go to drug rehab & anger management program. Since I was served with the retrainging order she has been contacting me on a regular basis (by telephone & email) insulting me and my new girlfriend b/c she thinks that she is encouraging and supporting my "drug habit" (i see nothing wrong with smoking weed but that's a different stroy all together) and threatening to take away our son from me for good if I don't break it off with her. I've called her back a couple of times and have sent her a couple of emails to see how my son is doing and she's ok with it unless she's in a bad mood and then she starts with the threats again including calling the cops. She finally came to her senses a couple of weeks ago and asked that all three of us (me, my new girlfriend & her) meet up so we can sit down and talk like adults and try to come to some type of agreement that would work out for the best interest of our son. My girlfriend and I agreed that we would stop smoking pot and that I would start the programs and do the drug testing bit as long as i had some type of visitation. Keep in mind that the restraining order is still in effect this entire time. The meeting had a positive outcome and we all went out to dinner after and even made plans to go to the Seaquarium that weekend. But, like an idiot as soon as my girl and I got home we decided to smoke our last joint and some how the ex found out about it. I did get to see my son that weekend and realized I completely screwed everything up but now we're back to square one. I haven't called her and have only replied (short and straight to the point) to her emails... but she has kept calling me insulting me again... my contempt of court order hearing (for not registering for the programs) is coming up. Can I tell the judge that she is constatnly calling me? Is my ex violating her own restraining order? Can she get into trouble? Can i have the restraing order removed and be able to see my son?

My question involves restraining orders in the State of: Florida

My ex put a restraining order on me in June of this year. I am not allowed within 100 ft of her or have any contact with her or our two year old son. The only reason why she put the retraining order on me was b/c her child custody attorney told her to b/c we got into a heated argument the day before the custody hearing. He said it would be good for her case and a way to force me to go to drug rehab & anger management program. Since I was served with the retrainging order she has been contacting me on a regular basis (by telephone & email) insulting me and my new girlfriend b/c she thinks that she is encouraging and supporting my "drug habit" (i see nothing wrong with smoking weed but that's a different stroy all together) and threatening to take away our son from me for good if I don't break it off with her. I've called her back a couple of times and have sent her a couple of emails to see how my son is doing and she's ok with it unless she's in a bad mood and then she starts with the threats again including calling the cops. She finally came to her senses a couple of weeks ago and asked that all three of us (me, my new girlfriend & her) meet up so we can sit down and talk like adults and try to come to some type of agreement that would work out for the best interest of our son. My girlfriend and I agreed that we would stop smoking pot and that I would start the programs and do the drug testing bit as long as i had some type of visitation. Keep in mind that the restraining order is still in effect this entire time. The meeting had a positive outcome and we all went out to dinner after and even made plans to go to the Seaquarium that weekend. But, like an idiot as soon as my girl and I got home we decided to smoke our last joint and some how the ex found out about it. I did get to see my son that weekend and realized I completely screwed everything up but now we're back to square one. I haven't called her and have only replied (short and straight to the point) to her emails... but she has kept calling me insulting me again... my contempt of court order hearing (for not registering for the programs) is coming up. Can I tell the judge that she is constatnly calling me? Is my ex violating her own restraining order? Can she get into trouble? Can i have the restraing order removed and be able to see my son?

First of all, if I were you, I would print out all the emails and get a record of your phone calls this way you can clearly establish that a lot of calls and emails are being initiate by her.....

I don't see how she should be able to have a restraining order on someone whom she is contacting directly on many occasions.... A restraining order is not meant for this type of legal leverage and minipulation...

Have the records in the event you get to raise this point, which I think is relevant and worth mentioning to your legal aid or court mediator...

As far as your question of whether she is violating her own restraining order - No -- I don't believe that she is as I don't believe it puts restrictions on her - just you.

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