The original restraining order was put in place in 2003 following the couple’s divorce. The husband had habitually violated the terms of the restraining order. He made contact with his ex-wife by email and with phone calls. When she had enough, she moved for enforcement of the restraining order in 2006. This prompted the entry of an order to stop the parties from harassing each other. In 2009, the ex-wife brought another domestic violence action over harassing communications. The judge found no evidence of domestic violence in the case.
The current issue stems from four voice mails left by the ex-husband in 2012. The ex-wife’s lawyer insists that the calls were aimed to annoy or alarm when considered with the context of his past attempts at communication and they violate the rules governing the divorce judgment.
The judge found no evidence of domestic violence nor did he find any evidence of that violation of the matrimonial restraining order constitutes domestic violence. Her lawyer then appealed both orders.
Due to the time restraints within the law, a judge has denied the renewal of a nine year old restraining order despite prior infractions.
An appeals court determined that the past infractions with the restraining order should have been considered, especially the violation of the prior restraining order. However, the ex-husband’s lawyer stated that this ruling brings with it the potential for abuse due to the time frame.