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  1. #1
    Join Date
    Nov 2013
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    8

    Default 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?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    Default Re: Can Protected Person Violate the Order

    How does the protected person know that the subject of the restraining order is in the club?

  3. #3
    Join Date
    Nov 2013
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    8

    Default 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.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default 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.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default 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.

  6. #6
    Join Date
    Nov 2013
    Posts
    8

    Default 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?

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