Legal Question in Criminal Law in California

Re: Who could get into trouble with a stay-away and this situation

Hmmm, Romeo and Juliette... Let's see... didn't they both end up dead because of the tangled webs they (and everyone else) weaved? But enough of this. The answer to your question is "probably not" as long as everyone TOLD THE TRUTH, but you can't ever be sure. We could both probably think of a few situations where this state of affairs could result in a violation of the stay-away order and you'd be the one looking at a prosecution for violating it. Proceed at your own risk. And good luck.

Re: Who could get into trouble with a stay-away and this situation

This reply supplements Steve M's reply.

If you are ordered to stay away from her residence then you've not violated the order. If you're ordered to stay away from her you're in technical violation of the order.

If somehow she becomes frightened (like he threatens to take away her children in the divorce) you may find that she will lie about what you did to get her to your place. And you might find yourself in some real trouble (they cost money) until it all sorts itself out.

So you're taking a risk. And certainly she is tempting the court to side with the Dad about who gets custody of the children.

Those lips that never smile are really tempting. However, you're going to live the rest of your life with the consequences of your acts. And more important so are her children.

She may be taking a real bashing at home. And she needs your emotional support. You might want to seek some sort of marriage counseling with her as strange as it may seem. So that you can reduce the damage to her children. Remember you don't know what is going on at home with Dad when she (the mom) is at your place. Loving her is not enough. You're going to have to be aware that you may be severely damaging her children. Ultimately it gets down to 'love her love her children.'

Lots of luck