Legal Question in Family Law in California
My boyfriends ex put a restraining order on him b/c Social Services convinced her that it would help her get the kids back quicker if my boyfriend couldn't be around her. Since then, she calls his work all the time, drives back & forth in front of his work, calls his boss to see if he is there & to see if she can come by. She calls us everytime she has been drinking & gets her guy friends to make threats to us on the phone. When I'm around or when he hangs up on her, she gets mad & calls the cops on him. She still wants to be with him though & so when my boyfriend is nice to her they meet up, go get a hotel room for the night & go drive around in his car. He had enough & quit answering the phone, he has had no contact in with her in 4 weeks. Now she is pressing charges on him for violating the restraining order. Is there anyway to show her harrassment is the only reason forhis contact with her? The local PD told us that she can call all he wants and come by when she wants but it's up to my boyfriend to not talk to her or be in the vicinity if he doesn't want to go to jail.
1 Answer from Attorneys
Let's see, you're with a guy who spends the night in a hotel with his "ex" girlfriend who has a restraining order against him? Now you want advice to help him? Are you kidding me?
Simple answer: The cops are right. If you or he or both want her to have to stay away, get your own restraining order.