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  1. #1
    Join Date
    May 2012
    Posts
    2

    Default Restraining Orders in the State Of: California

    My question involves restraining orders in the State of: California

    Is it possible that my son and daughter in law can file a restraining order against us. I am the grandmother of their 8 year old son. My husband and I have done nothing wrong, but because we will not do what they wish, when they wish they are using my grandson as a pawn.

    We did not take a go kart over to their house when they asked so they called and told us to stay away from our grandson and not go to his sports events. When we did not abide by their request and went to my grandsons game they called us after and said they were going to file a restraining order against us so we could not be around our grandson ever again if we continued to go to his sporting events.

    As it is we are abiding by their wishes by not seeing our grandson except at the games. My husband and I have been an important, meaningful, and loving part of my grandsons life since his birth but since we have put a halt on their constant wishes and wants they are holding my grandson over our heads. What can we do. Can they get a restraining order against us? Should I file for Grand parents rights in court? We are not drug users, abusers, or any other type of bad person. Help me please.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,701

    Default Re: Restraining Orders in the State Of: California

    You cannot really seek grandparents rights in this situation. If the parents do not allow you on, there's not much you can do. However, unless they can show to a court that you are a danger to their child in some way, I doubt they will succeed in getting a restraining order after a hearing.

    They can try to file, but unless they exaggerate the "threat" you pose, no judge is likely to sign such an order.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  3. #3
    Join Date
    May 2012
    Posts
    2

    Default Re: Restraining Orders in the State Of: California

    Would I be notified of a restraining order, and can we appear in court to dispute the restraining order? If so, what should I bring to court to show the judge we are not the kind of people that deserve to see our grandson. My son and daughter in law have borrowed money (nothing on paper) from us and have not paid it back. We have given them lawn care items and my son just tears them up and expects more or for us to do their lawn. We told our grandson that the go cart was his, but he could not take it home. His father does not abide by your wishes of how to take care of property. My grandson needs to learn not to be a user so to speak like his parents. Please help.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,701

    Default Re: Restraining Orders in the State Of: California

    Quote Quoting Twinkle4U
    View Post
    Would I be notified of a restraining order, and can we appear in court to dispute the restraining order?
    The law requires you be served with the affidavit and a copy of the order, and a court date would be scheduled. A temporary order might be issued prior to the hearing, however.

    If so, what should I bring to court to show the judge we are not the kind of people that deserve to see our grandson.
    It will have little to do with what kind of people you are, or that you want to see your grandson, but whether you pose a threat to the plaintiff and any parties they claim need protection.

    My son and daughter in law have borrowed money (nothing on paper) from us and have not paid it back. We have given them lawn care items and my son just tears them up and expects more or for us to do their lawn. We told our grandson that the go cart was his, but he could not take it home. His father does not abide by your wishes of how to take care of property. My grandson needs to learn not to be a user so to speak like his parents. Please help.
    There is not much anyone here can do to change your son's attitude. If you wish to allow him a pass on what he owes you, that is up to you. But, you appear to have been enabling his actions by not holding him accountable or by acquiescing to his demands. He likely expects you to cave in once again.

    Legally, so long as the parents are married/together, you really have no legal grounds to force a court to allow you to see the grandchild. You can either continue to cave in to his spoiled demands, or, you can hold your ground and hope that he grows up.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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