Does a restraining order apply to both parties?

Question

My brothers ex-wife has a restraining order against him for harrasment and no contact. It has been brought to him that she has been talking negative about him and the rest of the family. Also he does have a print out of some of the comments she placed on a website. We know if he was to do that he could get arrested, but can the same be done for her?

Answer 1

The restraining order does not forbid your brothers ex from doing anything.

Your brother is the respondent and his ex is the petitioner.  Orders of protection do not sanction the petitioner - they are issued by a judge at the petition of the court by the petitioner.  There is nothing in any OOP that I have seen on 24 years that prohibits the respondent from doing anything and they can not violate the order.  I have asked this question to the States Attorney in my jurisdiction and that is the response.  I had a case where the petitioner was setting up the respondent to visit and would call the police - it's a mandatory arrest on the respondent and no sanction to the petitioner.

Sad but true.

Answer 2

She can say anything she wants... she just can't violate the terms of the restraining order, same as the male.

I don't think posting on a website would violate that order.

Answer 3

Your brother has to obey the order of the court. However, it acts as a two edged sword. She is not not supposed to violate any provision of the order either. The difference is he could be arrested for violating the order and if he can prove that she has violated the order then it can be brought to the attention of the judge that signed the order and the protection from abuse order will be dismissed. He needs to fill out in incident report with the police to have, whatever she has done, to be annotated.