Restraining Order Appeal

[golfnuttoo]

My question involves restraining orders in the State of: California

My son has endured jail time, an ongoing divorce because of the continuous meddling of his mother-in-law. She has now been granted a restraining order against him; the challenge is that I think she has done this to entrap my son into violation. We pick up his children under a court order for the weekend, every Friday night she is there at the drop off point. Ever since the first night, my wife and I (paternal grandparents) have assumed the responsibility to do this. We are unable to leave for the weekend or make any plans in fear that when my son is able to drop them off or pick them up she will be there to violate the restraining order.

Is there anyway he can appeal the order. She filed under domestic violence; however, he has completed a 52-week course on domestic violence. In addition, he recently spent 14 days in jail because she (the mother-in-law) accused him of stealing her vehicle, a charge that was latter dropped.

Does he have a chance to appeal this and even possibly filing for a restraining order against her?

[Mr. Knowitall]

Why not arrange for pick-ups and drop-offs to occur between mom and dad at a specific public location, such as a police station, so dad can handle the exchanges without having to worry about the mother-in-law?

If dad believes he has grounds to belatedly fight the restraining order, he should consult a lawyer. We don't know the case history, nor do we know any of the relevant facts.

[aardvarc]

My question involves restraining orders in the State of: California

My son has endured jail time, an ongoing divorce because of the continuous meddling of his mother-in-law. She has now been granted a restraining order against him; the challenge is that I think she has done this to entrap my son into violation.

A common tactic. He just has to be smart enough to understand that whether or not she's "setting him up", HE will be held accountable for violations, so he needs to take whatever steps are necessary to make sure he is in compliance with the order.

We pick up his children under a court order for the weekend, every Friday night she is there at the drop off point. Ever since the first night, my wife and I (paternal grandparents) have assumed the responsibility to do this. We are unable to leave for the weekend or make any plans in fear that when my son is able to drop them off or pick them up she will be there to violate the restraining order.

Mr. K is right - if the exchange of the children is the only anticipated contact between these two where he could be accused of violating the order, then you only have two choices: someone else (like you) picks up/drops off the kids, or, you do it in a public place like a custody/visitation center or police department. Check the language in the order carefully, this is a common situation that is usually addressed within the order as far as how a parent who is not supposed to have contact with the other parent is supposed to facilitate the exchange of children. He might also contact his local domestic violence program and ask if there is an exchange program in the area - where mom can drop off the children to the program at X time (and then they will make her leave the premises) and the dad can pick them up at Y time (like 30 minutes later) to be absolutely certain that she can't manipulate the situation.

Is there anyway he can appeal the order.

He can, but inconvenience isn't going to be grounds to change anything.

She filed under domestic violence; however, he has completed a 52-week course on domestic violence.

Completing a course doesn't negate any part of the theory under which she got the order.

In addition, he recently spent 14 days in jail because she (the mother-in-law) accused him of stealing her vehicle, a charge that was latter dropped.

Which has nothing to do with a restraining order granted to the mother of the children

Does he have a chance to appeal this and even possibly filing for a restraining order against her?

If he has grounds and can convince a court that he has reasonable fear of her, certainly. However, unless she is stalking or following him around, it's pointless and an excellent way to make sure he sees his children LESS.