Legal Question in Criminal Law in California
My wife has a restraining order on me, I spoke to a priest about my problem. Now he wants to contact her but not on my behalf, he said he wants to fix things between our marriage. My question is can I get in trouble for this of I give him her number or can he get it from my attorney if I had one. I just don't want to violate the restraining order and get in trouble
5 Answers from Attorneys
It depends on the terms of the order. Some restraining orders are tailored in a manner that prohibit indirect contact. If your order is one of those, it would be a bad idea to have a third party contact her on your behalf. It may be easier if you have a lawyer, and she is unrepresented.
Yes. If you give him he number knowing he will call her on your behalf, yes you are in trouble. You have no attorney, so NO contact. And any priest who wants to contact our wife when you don't him to, in order to force a reconciliation is dangerous + insane.
I would not have a priest or ANY 3rd party attempt to contact your wife. Only an Atttorney, should you retain one , for the restraining order, should be used for any contact. I wish you well............... David Wallin
Yes, you will be in violation of the restraining order if it provides that you can not have indirect contact with her. That means you can not have anyone contact your wife on your behalf. Giving a priest her number and then telling the priest not to contact her will not pass the straight face test in court and the Judge will rule that you violated the order. Most restraining orders in California provide for no indirect contact through a third party.
However an attorney can contact the other party if she is not represented by an attorney. If she is represented by an attorney, then your attorney must contact her through her attorney. If your hoping to reconcile with her, follow the court orders, it's the best thing you can do. Violating the orders will only make things worse all the way around.
Good luck
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