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  1. #1
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    Apr 2010
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    orange county ca
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    Default Using Wife's Testimony from a Restraining Order Hearing Against Her for Custody

    My question involves criminal law for the state of: California

    my wife presented not 1 piece of evidence that I have ever been violent and judge dropped restraining order...During my defense of myself I told the judge that I never wanted police in my relationship but i was attacked by her on New Years Eve and did not report it...

    Judge asked her if she did and she said yes because he was blocking the door and i wanted to go in neighbors house....

    DO I HAVE EVIDENCE TO PRESS CHARGES AND GET RESTRAING ORDER...i hope to get emergency custody tomporarily because she has hidden the children and made things very hard on me and my children....

  2. #2
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    Apr 2009
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    Default Re: I Had Restraning Order Hearing and Was Cleared.during Testimony Wife Admitted to

    Quote Quoting detroitjj
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    My question involves criminal law for the state of: California

    my wife presented not 1 piece of evidence that I have ever been violent and judge dropped restraining order...During my defense of myself I told the judge that I never wanted police in my relationship but i was attacked by her on New Years Eve and did not report it...

    Judge asked her if she did and she said yes because he was blocking the door and i wanted to go in neighbors house....

    DO I HAVE EVIDENCE TO PRESS CHARGES AND GET RESTRAING ORDER...i hope to get emergency custody tomporarily because she has hidden the children and made things very hard on me and my children....

    Were you restraining her? Were you preventing her from leaving?

  3. #3
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    Apr 2010
    Location
    orange county ca
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    8

    Default Re: I Had Restraning Order Hearing and Was Cleared.during Testimony Wife Admitted to

    Quote Quoting Dogmatique
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    Were you restraining her? Were you preventing her from leaving?
    No I was not restraining or touching her at all....I wante dto talk to her for weeks and she avoided me at all costs....she came outside and through conversation i ended up standing in front of hneighbors door....She wanted to go in his house and I said I just want to talk to you and figure out a plan for us....Im not claiming intoxication or anything but she just lost it for a second and lashed out at me....I immediately told her that I could call police and was bleeding from thumb...I said I know that you lost control for second and I will not involve police and i left....I tried to take high road and now she has gotten so mean I just want to protect myslef, when custody issues come up..

  4. #4
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    Apr 2009
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    Default Re: I Had Restraning Order Hearing and Was Cleared.during Testimony Wife Admitted to

    So you did actually stand in her way and prevent her from entering, correct?

    Can you clarify what you mean when you say she is hiding the children?

  5. #5
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    Mar 2007
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    9,096

    Default Re: I Had Restraning Order Hearing and Was Cleared.during Testimony Wife Admitted to

    If you blocked her from going where she wanted to go, you lose.

  6. #6
    Join Date
    Sep 2005
    Location
    California
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    Default Re: I Had Restraning Order Hearing and Was Cleared.during Testimony Wife Admitted to

    Quote Quoting detroitjj
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    DO I HAVE EVIDENCE TO PRESS CHARGES AND GET RESTRAING ORDER...
    If you prevented her from leaving, chances are good that a prosecutor will see this as self defense.

    If you wish to report her assault, the statute of limitations is one year so you can still report it. But, I strongly suspect that the cops and the prosecutor will see this as an attempt by you to gain leverage over her and not some serious criminal activity on her part. I would lay money that the DA would not pursue criminal charges on this, but you have the right to report it to the police and ask that they send the matter to the prosecutor for consideration or charges. You might also advise them of the court information so they can pull any court transcripts (if any exist) that have her admitting to attacking you.

    i hope to get emergency custody tomporarily because she has hidden the children and made things very hard on me and my children....
    Have you mentioned this to a judge? To the police?

    If you have a lawful right to visitation and she is preventing you from seeing them, then she can be guilty of child stealing in CA. However, one defense to this charge is that she can withhold them if she has a reasonable fear for her safety ... and there are additional legal steps she must take to establish this defense.

    So, if you have not seen the children and she is preventing you from seeing them at all - even when you offer to go to them - then you should probably report this to the police. You should also consider going to court to obtain a court-ordered custody and visitation schedule so that the police have something to enforce.

    Oh, and some words of advice: do NOT block her way, do not bar her way, do not push, shove, grab, or hit her, do not threaten her, and do not violate any court order that might one day be issued even if she says it is okay to do so.

  7. #7
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    Apr 2010
    Location
    orange county ca
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    Default Re: I Had Restraning Order Hearing and Was Cleared.during Testimony Wife Admitted to

    Quote Quoting cyjeff
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    If you blocked her from going where she wanted to go, you lose.
    i standin e few feet in front of the door and not threatening her in any way or physicly blocking her....she said I am done and I said we need to figure things out....then she hit me....i was in same spot for about 5 mins...it just happend to be by my neighbors door....i did not intimidate or threaten in any way...

    i went to my house after restraing order attempt got dropped. I was there to do some things around house because it selling and n obody was there.....her nand her mom came in and confronted me and told me to leave....I told mother in law to go and stay out of our relationship...and I gave her my opinion of her in few choice words but nothing threatening or violent....Mom in law called police and told them I was harrassing them and cops suggested I leave even though i did nothing and they confronted me...so i left....she told me she will not allow me to have kids overnite and refuses to schedule times...I dont currently have visitation order but she moved out of house without telling me where she and kids are....she blocked my phone from contacting her....she will not respond to email and all i want is schedule time with kids...when I return to my house monday to see my kids and everything is gone and i cant reach her...And dont know were her and kids are...I feel like they are being kidnapped in a way...is there a crime...

  8. #8
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    Sep 2005
    Location
    California
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    Default Re: I Had Restraning Order Hearing and Was Cleared.during Testimony Wife Admitted to

    As I wrote, what she is doing MIGHT be a crime pursuant to PC 278.5 (though there are defenses and exceptions that can be raised by the mother). It all depends on the details. About all you can do is (a) make a report to the police, and/or (b) hire an attorney and go to court for custody or visitation. The police will have to look into it a little more to determine if there is a crime.

    You say her phone is blocked and you do not know where she is, but you also say that she refuses to schedule a time for you to visit with the kids. How are you making this communication?

    So, call the cops and hire an attorney.

  9. #9
    Join Date
    Apr 2010
    Location
    orange county ca
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    8

    Default Re: I Had Restraning Order Hearing and Was Cleared.during Testimony Wife Admitted to

    for best interest of kids im not coming to house because she continues to call police...I dont want them around my kids..I asked her thurs evening if i could schedule a few days with kids and she said no..So I did approach her fri morning and requested that we make schedule for week and try to agree on times for kids sake...she said that she didnt feel it was in kids best interest to see me...i was devastated but didnt want confrontation so took hi road and left. I have emailed everyday only asking for time i can visit kids....she hasnt answered any of them. I dont want to question my kids about were they living cuz I dont want to let them know how scared i am and dont want to use them as mediators....i told family I would allow mom to enjoy easter without trying to see them...but I said I will see you monday and they said ok and love u...when i get there monday i have no idea were they are if not at home....I have never committed a crime and never had any instances with drugs, alcohol, assault...nothing...i coach all my kids and im great dad....she hates me and is making irrational choices

  10. #10
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    Sep 2005
    Location
    California
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    Default Re: I Had Restraning Order Hearing and Was Cleared.during Testimony Wife Admitted to

    Quote Quoting detroitjj
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    for best interest of kids im not coming to house because she continues to call police...I asked her thurs evening if i could schedule a few days with kids and she said no..So I did approach her fri morning and requested that we make schedule for week and try to agree on times for kids sake...she said that she didnt feel it was in kids best interest to see me...
    It will be hard to make a case for a crime here. Possible? Maybe. But, not likely sufficient to convince a prosecutor to pursue it.

    So, I would recommend you proceed with option (b) and seek court-ordered visitation.

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