Legal Question in Criminal Law in California

UNwanted Restraing order

In 1996 my fiancee was found guilty of assault with a deadly weapon upon me. He is on parole. His parole was revoked in June. In May 2001 his parole officer left me a message stating that I couldn't be with my fiancee any longer as there was some type of R.O. made out by my father which I had no idea he had filed. He doesn't like my fiancee. This document was filed by him (date unknown)and the parole officer wouldn't allow me to see a copy of this docuemmnt. Ii was probably filed sometime in late 1995 when the assault happened. I NEVER told my father I wanted something like this done and am very upset that it exists now. Can this document legally keep us apart? We have an apartment together(when he is not in prison). How long is this sort of document valid for and what can I do now to have it invalidated?

PS After all this time the parole oficer is bringing up this docuemnt. He has known we have been living together for at least two years. Now he is talking about this doucment and not being able to be wih my fiancee AFTER last Janury when I told the parole board that I thought this parole officer acted unprofessonally inthe past. Now he is bringing up this dcuemnt that I never knew existed before May 2001.


Asked on 8/15/01, 1:56 am

1 Answer from Attorneys
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

legal age

As an adult, I do not know what right your father has to request the court to make a restraining order like the one stated. I think it would interfer with your constitutional right to freedom of association. For this reason I would think the order invalid upon its fact. However, before you attempt to disregard any court order, you should consider that the court's contempt powers are such that you are compelled to obey the order even if it is wrong, as long as the court has jurisdiction. Consult a local attorney. Attorneys in family law are quite familiar with restraining orders.

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Answered on 8/16/01, 12:43 am


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