Legal Question in Criminal Law in California

We have obtained a court restraining order against my son's girlfriend. She is homeless and a drug addict. She had stolen properties from our house and also did drugs in our house. Just recently, I called the cops because she came to our house and asked my son to let her in to use the restroom. When the cops came, one of them said that she was not violating the restraining order because my son let her in. Is the cop correct in his interpretation of the restraining order. The restraining order says that she should be some yards away from the house.


Asked on 8/30/11, 1:16 pm

3 Answers from Attorneys
David M. Wallin Law Offices OF David M. Wallin

If this girl has a restraing order to keep 100 yards from your son or his residence, and she comes to his house, she is in violation of the restyraing order, no matter if he said it was ok or not. Only a judge can modify a restraining order. If the officer said otherwise, he's wrong and doesn't understand the law, as it relates to restraining orders. David Wallin

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Answered on 8/30/11, 2:19 pm
Joe Dane Law Office of Joe Dane

The court order is just that - an order from the court to comply with the terms set forth in the order. If it specifies that she is to stay away from a person or a location, consent won't change the fact that a judge has issued an order.

She was in violation. The cop was wrong.

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Answered on 8/30/11, 4:15 pm


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