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Can Protected Person Go to Places Where the Subject of a Restraining Order is Present

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  • 11-23-2013, 12:40 PM
    OCJoeR
    Can Protected Person Go to Places Where the Subject of a Restraining Order is Present
    My question involves restraining orders in the State of: California

    If both parties to an Order of Protection are members of a private club, and the Restrained Person is in the club, can the Protected Person enter the club? If the Protected Person enters the club knowing the Restrained Person is there, must the Restrained Person leave?
  • 11-23-2013, 12:59 PM
    Mr. Knowitall
    Re: Can Protected Person Violate the Order
    How does the protected person know that the subject of the restraining order is in the club?
  • 11-23-2013, 01:09 PM
    OCJoeR
    Re: Can Protected Person Violate the Order
    They wouldn't until they got into the club. The officers of the club are being told that if that situation occurs they would have to escort the Restrained Person out of the club.
  • 11-23-2013, 02:38 PM
    llworking
    Re: Can Protected Person Violate the Order
    Quote:

    Quoting OCJoeR
    View Post
    They wouldn't until they got into the club. The officers of the club are being told that if that situation occurs they would have to escort the Restrained Person out of the club.

    Who is telling them that? If its the protected person that may or may not be accurate. If its law enforcement or the club's attorney its likely accurate.
  • 11-23-2013, 03:23 PM
    cdwjava
    Re: Can Protected Person Violate the Order
    The restrained party must adhere to the order. If the restrained party becomes aware of the presence of the protected party, the restrained party must comply with the order or be subject to arrest. And, if this is a DV related TRO or CPO then an arrest is MANDATORY if law enforcement is notified.

    Incidental contact is unlikely to be pursued by the DA, but if the restrained party remains after becoming aware of the presence of the protected party, chances are good that there will be prosecution.

    The management of the club is under no legal obligation to do anything. The onus is entirely on the restrained party to adhere to the terms of the order.
  • 11-23-2013, 04:16 PM
    OCJoeR
    Re: Can Protected Person Violate the Order
    llworking, an e-mail was sent to the officers from the secretary's office stating that the Order requires the restrained party to keep 100 yards away from the protected party. The e-mail goes on to state that if the restrained party is at the club and the protected party enters the club the restrained party must be escorted out by an officer. Both are paid members of the club.

    It seems to make sense that if the protected party is in the club and the restrained party enters and becomes aware that the protected party is there then the restrained party must leave. But am I understanding cdwjava correctly? If the restrained party makes reservations to have dinner at the club and the protected party decided to come into the club that night, the restrained party must get up and leave?
  • 11-23-2013, 04:24 PM
    cdwjava
    Re: Can Protected Person Violate the Order
    Quote:

    Quoting OCJoeR
    View Post
    llworking, an e-mail was sent to the officers from the secretary's office stating that the Order requires the restrained party to keep 100 yards away from the protected party. The e-mail goes on to state that if the restrained party is at the club and the protected party enters the club the restrained party must be escorted out by an officer. Both are paid members of the club.

    That is, of course, the club's decision and not a legal requirement placed upon them.

    Quote:

    It seems to make sense that if the protected party is in the club and the restrained party enters and becomes aware that the protected party is there then the restrained party must leave. But am I understanding cdwjava correctly? If the restrained party makes reservations to have dinner at the club and the protected party decided to come into the club that night, the restrained party must get up and leave?
    The order does NOT restrict the activities and association of the protected party. The order ONLY restricts the activity of the RESTRAINED party. It might not seem fair, but there it is. And, as I mentioned, if the order is DV-related then it is a MANDATORY arrest if the police are called. If NOT DV-related, then the arrest is "encouraged" under the law, but not mandatory.

    So, yes, if the protected person enters the restaurant, the restrained party will have to take steps to comply with the order or be subject to prosecution for violating the order. How picky your local DA might be on such an incident (passing while at dinner) is something I cannot answer. But, on the face of it, unless an exception is made in the order to allow for such contact, the restrained party must adhere to the conditions in the order. Period.
  • 11-23-2013, 04:50 PM
    OCJoeR
    Re: Can Protected Person Violate the Order
    cdwjava, do you have any case citation regarding that matter? If the restrained party wants to continue with dinner and a club officer either physically escorts them out or calls the local police to do that, they want to have a legal basis for doing that.
  • 11-23-2013, 05:05 PM
    cdwjava
    Re: Can Protected Person Violate the Order
    Quote:

    Quoting OCJoeR
    View Post
    cdwjava, do you have any case citation regarding that matter?

    Read PC 166(a)(4) or PC 273.6 ... those are the statutes governing the violation of a court order.

    Then, read the boilerplate for these CHO, TRO and CPO orders and you tell ME where in the order it says the restrained party can be around the protected party if they were there first. It doesn't. The police can ONLY act on what the order says. The DA can choose to exercise his or her discretion and not file should they choose, the police will not generally have that luxury - and in the case of a DV TRO or CPO they are REQUIRED by law to make the arrest if there exists probable cause to do so (per PC 836).

    There is no case law that says the order has an exception for being first.

    Quote:

    If the restrained party wants to continue with dinner and a club officer either physically escorts them out or calls the local police to do that, they want to have a legal basis for doing that.
    The club being a private entity can do what they want. They might be sued by the person being escorted out, but that's a civil matter. However, if the restrained party wants to keep eating and the protected party or someone else calls the police, the police will act on the order.
  • 11-23-2013, 06:27 PM
    Dogmatique
    Re: Can Protected Person Violate the Order
    The most disturbing thing about these cases is that they create a tool which may (and often does) allow the protected party to essentially ruin the restrained party's life.

    Not that it was discussed here :)
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