Legal Question in Criminal Law in California

My son is 26, his girlfriend turns 18 in April. The DA filed a restraining order preventing my son from seeing the girl. My son's attorney tells him that the girl needs to pay an attorney $800 to have the restraining order lifted once she turns 18. If the two of them are caught together, my son could be arrested because of the restraining order, regardless of whether the girl wishes to see him.

Can my son be arrested for violating the restraining order once the girl is 18 if she wishes to be with him? Does the girl need to pay an attorney to have the restraining order lifted?


Asked on 3/21/13, 1:59 pm

2 Answers from Attorneys
Zadik Shapiro Law Offices of C. Zadik Shapiro

As long as the restraining order is in effect he can be arrested for seeing the young lady--not because he will be seeing an underage woman but because he will be violating a court order. She can try to go into court without an attorney but it will be easier with an attorney. The Superior Court in your county should have an office which helps people who are in pro per (without an attorney). Call the court and ask to speak to the family law section. They will be able to send you in the right direction.

Good luck.

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Answered on 3/21/13, 6:31 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Shapiro.

Your son could be arrested at any time if he violates the restraining order while it is in effect. He does not, however, have to have a specific attorney or pay that attorney a specific amount. He's entitled to the attorney of his choice, or to even represent himself if he wants.

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Answered on 3/22/13, 9:11 am


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