Legal Question in Criminal Law in California

if the person who obtained the restrianing order against someone does show up at the house of the person the obtained it against is the restrianing order void? and if so how do you go about dealing with it by the Judge who signed it? and can that person be arrested for violating there own restraining order?


Asked on 12/08/11, 4:27 pm

3 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

No. Restraining orders only work in one direction unless the judge makes them mutual -- which she can only do if the respondent properly requests an order against the petitioner and if she finds that both parties should be restrained.

Unless the order is mutual, the petitioner cannot violate it.

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Answered on 12/08/11, 6:13 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

Keep the door locked. Don't let them in.

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Answered on 12/08/11, 7:21 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with the previous responses, in that the restraining order operates against the restrained person, and not the petitioner. It does show, however, that the petitioner is causing problems, that may lead law enforcement to believe that you are violating the restraining order. I suggest making the restraining order mutual, or filing and obtaining a restraining order against them. If they have you restrained, there is no reason for them to be at your house.

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Answered on 12/11/11, 10:05 am


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