Legal Question in Criminal Law in California
jail for restraining order
My friend put a restraining order on her exboyfriend. They're still friends and actually she usually contancts him first! He keeps telling her that he is going to jail because of this restraining order. To my best knowledge, nobody has ever reported them to police whenever they've ''hung out'' or been physically near each other. How is possible that he will be going to jail because of this restraining order when nobody has ever reported to law enforcement that he's broken the RO? I ask because I feel that this guy is using this ''I'm going to jail because of you'' thing as an excuse to make my friend feel sorry for him so that she'll still keep in touch with him. He's a 21 year old bonafide crackhead loser who takes his mom's Welfare money to buy crack and then shares it with his other crackhead friends to make himself feel cool. I wish my friend would see that but she feels bad because he's ''going to jail because I reported him to the police.'' Please explain to me how it is possible he is going to jail for this issue.
1 Answer from Attorneys
Re: jail for restraining order
His presence within the restricted area is a violation of restraining regardless of why he is present. Her invitation for him to come over to her house does not excuse his violation of the restraining order. She needs more help than you can provide. Try to get her to attend an ALANON meeting. or get professional help.