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  1. #1
    Join Date
    May 2017
    Posts
    1

    Default Can a Protected Person Visit a Restrained Person in Jail

    My question involves restraining orders in the State of: California
    I have a temporary, until court date restraining order against my wife.
    My wife, the restrained is in OC Jail.
    My court date for the permanent PO is in a week.
    I have visited this person while she is incarcerated.
    Can that be used against me when we go to court for the permanent restraining order?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can a Protected Person Visit a Restrained Person in Jail

    Ask the jail whether they will allow the visit.

    Whether or not the contact would be useful to your wife, should she oppose the order, will depend upon the full facts of your situation and what you have alleged in your petition.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Can a Protected Person Visit a Restrained Person in Jail

    If there is an active restraining order prohibiting contact with with you, the jail should not permit a visit with you since that should require a mandatory arrest (add-book, I imagine) of the person in jail (assuming this is a domestic situation and the TRO is a DVTRO). Unless the restraining order permits her to have peaceful contact with you, the jail should not be facilitating this since it can get the restrained person into trouble.

    Most county jails prohibit this. I am surprised that it is being allowed. That leads me to believe that the current, temporary, order allow for peaceful contact.

    And, yes, the court may well see this as your lack of fear of the restrained party. But, that will depend on all the facts.

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