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  1. #1
    Join Date
    Nov 2007
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    25

    Default Can You Violate Your Own Restraining Order

    Quote Quoting kkc2007
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    My question: is this a violation of the restraining order although I let him in. Could I be at fault too for allowing him to be in the house. I could have missed 3 days of work, but risked my job. I'm financially hanging by strings so thats not an option. Throughout the 2 yr separation, I have been constantly put into this situation. He will only help me if he could watch kids at my house or buy us groceries if he could come over.
    It seems he is only willing to help if it involves him coming back into your person life (i.e. your home)

    You could be arrested for violation of your own order for inviting him over, granted he sounds like a bad, bad man and what he did is not right. In California you could be both be in violation of the same order. (I am in California and have helped battered women file stay away orders in the past)

    Hopefully, this sounds like the last straw, I woulld let law deal with it, be honest and let your higher power takes its course on this one, but use this as a learning tool to not put yourself in that situation.

    I hope you and the young one are both alright.

    You might consider professional counseling for both you and your daughter for the tramatic events of this and the past, it will be of benefit for the lil one

    Best Wishes!

    ANapaGuy

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,625

    Default Re: Violation of a Restraining Order in California

    You cannot be arrested because you let somebody else violate a restraining order which restrains only them. If you invite violations of the order, though, you provide a basis for its being set aside.

  3. #3
    Join Date
    Nov 2007
    Posts
    25

    Default Re: Violation of a Restraining Order in California

    Your sadley mistaken, maybe its a California thing but you CAN be arrested for inviting someone over that you have a restraining order against. this is to protect entrapment of fradulent petitioners.

    Call the DA and ask!

  4. #4
    Join Date
    Feb 2007
    Posts
    2,032

    Default Re: Violation of a Restraining Order in California

    Quote Quoting anapaguy
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    Your sadley mistaken, maybe its a California thing but you CAN be arrested for inviting someone over that you have a restraining order against. this is to protect entrapment of fradulent petitioners.

    Call the DA and ask!
    Please provide the State Statute or case law to substantiate your claim. Aaron is an attorney...If you are going to argue with a lawyer who is also the owner of the site you should back up your claim with Stat's.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,625

    Default Re: Violation of a Restraining Order in California

    I'm not a lawyer in California, but as Baystategirl says, produce the law. If an order doesn't restrain your conduct, your conduct cannot violate the order.

  6. #6
    Join Date
    Feb 2007
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    2,032

    Default Re: Violation of a Restraining Order in California

    Quote Quoting aaron
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    I'm not a lawyer in California, but as Baystategirl says, produce the law. If an order doesn't restrain your conduct, your conduct cannot violate the order.
    Exactly!

  7. #7
    Join Date
    Nov 2007
    Posts
    25

    Default Re: Violation of a Restraining Order in California

    I have personally witnessed 2 people arrested (in court) for violating their own order by initating contact (and these WERE NOT even mutual orders, if you know what thoes are)

    I have yet to find a code number for this.

    Here is some info that you may find helpful:

    Can I violate my own restraining order? If I initiate contact with my abuser will my restraining order be void?
    No, you have gone to court and requested that your abuser's actions be restrained, not your own actions. You have requested various orders through the restraining order, including but not limited to, not contacting you, staying 100 yards away from you and moving out of the house. Unless you have been served with restraining order papers that list you as the defendant, there is not a restraining order issued against you and your actions are not restrained. It is very important to seek legal advice before initiating contact with your abuser (except for exchanging your minor children for purposes of court ordered visitation). There is a reason why you needed to get a restraining order, because your physical safety is in jeopardy when you are near this person. Accordingly, you do not want to initiate any contact and place yourself in a position where more abuse may happen. Also, you do not want your abuser to tell the judge in court that you have initiated contact with them. This will send a mixed message to the judge in that you want your abuser to stay away from you but you still want to contact your abuser. The judge may question how dangerous this person is if you are willing to initiate contact with them

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,625

    Default Re: Violation of a Restraining Order in California

    So you are now agreeing with me. ("Can I violate my own restraining order?" "No....") Thanks for clearing that up.

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