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Did My Ex- Violate His Own Restraining Order Against Me

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  • 04-01-2011, 05:13 PM
    septtt
    Did My Ex- Violate His Own Restraining Order Against Me
    My question involves restraining orders in the State of: California
    I went to obtain a restraining order against my x last year, he filled against me then.
    The judge gave both of us temp orders until the hearing. We had both asked for permante orders for 5 years. I chickend out and never went to court, he told me he went to court and was granted his 5 year order of protection against me.
    About a week later after the hearing I found a officers card on my door, it said nothing just stuck his business card in my door. I called the number no answer, I never called back.
    Since then my x and I have gone back and forth. I have been spending most of my time at his house I am there 4or5nights a week and during the days, my daughter has stayed overnight many times with me. We have had a couple of fights and every time he thrents me with the police and says Im in violation of the order against me and he will call the cops and have me arrested. The problem is I've never received a call, a shread of paper anything after the hearing I have not been served anything. Do I even have an order against me and if it is possible is it void since I was never served the order after the court hearing? In addition if he does have one can he be arrested for violating his own order.
    Thank you for your help
    Sincerely Septtt
  • 04-01-2011, 10:03 PM
    AZDeputyClerk
    Re: Has My X Violated His Own Order Against Me and Does He Reslly Even Have One Again
    The only certain way to get that answer would be to go to the clerk's office in the court and perform a record search. You might also want to look up the pertinent California law regarding protective/restraining orders.
  • 04-01-2011, 10:50 PM
    cdwjava
    Re: Has My X Violated His Own Order Against Me and Does He Reslly Even Have One Again
    If you failed to show at the hearing, the order was almost certainly granted against you. What the final terms and conditions might be is anyone's guess. The assumption would be that they would be similar to the temporary order.

    The order might be online at the courts website. Or, you can go to the courthouse and ask for a copy of the court's order.

    Understand that of there IS an order, and if it IS valid, then you WILL be arrested if he calls the police. A violation of a DV TRO (and this would be a DV TRO) is the only mandatory arrest under CA law. The police would not likely consider the fact that he allowed you over, you would just go to jail.
  • 04-02-2011, 09:54 PM
    septtt
    Re: Has My X Violated His Own Order Against Me and Does He Reslly Even Have One Again
    I thought that I have to be served in order for the order to be valid. I was never served anything at all. I was only served the temporary order but never a permante order after court. I have never received a thing from the courts not one peice of paper or a phone call or anything, and I have never been served. If it is in effect regardless of the fact I was never served is it possible to get it dismissed based upon the fact I stay with him and see him almost everyday and we stat at his house where he has asked me to actually move in with him next month. Can he be arrested for violating his own order.
  • 04-02-2011, 10:50 PM
    aardvarc
    Re: Has My X Violated His Own Order Against Me and Does He Reslly Even Have One Again
    Unless you have your OWN order against him, then HIS behavior isn't restricted. YOU would be the only one at risk of arrest.
  • 04-09-2011, 12:00 AM
    AZDeputyClerk
    Re: Has My X Violated His Own Order Against Me and Does He Reslly Even Have One Again
    Quote:

    Quoting septtt
    View Post
    I was only served the temporary order but never a permante order after court.

    You were served. The court has no duty to provide any additional notice in such a case. Unless a permanent order is granted, the temporary order is a de facto permanent order unless quashed.
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