Legal Question in Criminal Law in California

I recently had a "confrontation" with my wife (we are now separated). This resulted in her filing or the police filing a temporary restraining order against me upon my arrest. While incarcerated, I attempted to call my wife at her work. However, the office that she works at has a receptionist that receives all calls then upon receiving the call, the receptionist would then transfer the call to the pertaining party. On the day in question when I attempted to call her, I disconnected the call after the receptionist answered and heard the automated request. Therefore I never spoke to my wife. Now I am being charged with violation of the restraining order even though there was no contact made between my wife and I. Does attempted contact constitute contact for a restraining order? .


Asked on 9/16/10, 12:41 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Yup.

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Answered on 9/21/10, 12:47 pm
Scott Ball Law Office of Scott R. Ball

It may. Arguably, simply telling the receptionist that you are on the phone and wish to speak with her may constitute contact in of itself. However, since you hung up, you clearly did not complete the contact. Be sure not to attempt to contact her again, as violating a restraining order can result in fines and/or jail time.

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Answered on 9/21/10, 12:52 pm


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