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  1. #1
    Join Date
    Aug 2008
    Posts
    4

    Default Am I Violating a Restraining Order if Both of Us Want to Talk?

    My question involves restraining orders in the State of: California.
    My ex (18) got one against me (17) because his lawyer said it'd look good in court. It's a real restraining order - lasts for 5 years. We've been talking to one another since it was issued in May. Positive communication. It's the state against him in a Domestic Violence situation (I didn't press charges) and I have been subpoenaed for court on Thursday. If I let it be known that we've been in contact with one another despite the restraining order, will I get in trouble?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Am I Violating a Restraining Order if Both of Us Want to Talk?

    Do you mean to say that he's restrained from talking to you due to domestic violence charges against him? If so, he's violating a restraining order. If he has a restraining order against you, for reasons you did not disclose, you're violating that order by talking to him.

    Given what you have said in your other thread, if this becomes known to the prosecutor, he might face additional charges.

  3. #3
    Join Date
    Aug 2008
    Posts
    17

    Default Re: Am I Violating a Restraining Order if Both of Us Want to Talk?

    From personal experience in another state this will harm him. My ex falsely accused me of abuse and got one she constantly tried to talk to me and I documented and some times even recorded her trying to talk to me. The one time I talked to her I was held in violation.

    Lucky enough I had a good lawyer and a fair judge.

  4. #4
    Join Date
    Sep 2008
    Posts
    6

    Default Re: Am I Violating a Restraining Order if Both of Us Want to Talk?

    YES. You are violating the restraining order. The law is that the order is an order of the court, and remains enforceable notwithstanding the actions of the parties.

    In English, the court ordered it. Only the court can take it away. If you get caught talking to him, or with him, EVEN if he said it's ok, YOU'RE still in violation. Stay the hell away and have ZERO contact with him until it's lifted AND you get a copy of the order lifting it.

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