Legal Question in Family Law in California

Domestic Restraining Order

Can you refer me to a section that will explain the rights of a defendent in a domestic restraining order. A plaintiff is luring the defendent into situations whereby she can have him arrested. ie: leaving messages on answering machine and when he calls, she records messages.

She will be driving one way on a street and if he passes her going in the opposite direction, she calls police. She evicted her 18 year old daughter from her home. He called, left message that he was worried about daughter. He goes to court today for violation of restraining order because of this incident. Does he have any rights? I read article by Mark Charalambous

stating restraining orders violates the bill of rights. Article entitled "Restraining orders used as a tool in Divorce" Can you help?? Thanks


Asked on 3/01/00, 12:07 pm

3 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Domestic Restraining Order

You should go to an attorney immediately. Take a copy of the restraining order with you to your first meeting with the attorney.

There are possible defenses that are available to you. The accidentally passing on a street is not normally a violation of a restraining order. Many restraining orders have a provision allowing peaceful contact regarding the welfare of the children.

Other potential defenses should be discussed with an attorney.

Read more
Answered on 3/15/00, 2:26 am
Ken Koury Kenneth P. Koury, Esq.

Re: Domestic Restraining Order

He needs to go to court and either get the order modified or get an order against her also.

Read more
Answered on 3/14/00, 2:12 am
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Domestic Restraining Order

The restraining order sets forth what the defendant cannot do. If he does any of those things he is in violation of the order. If the defendant does not think that the order is proper he can apply to the court for a modification.

Regardless of the defendant's "concerns" he needs to abide the terms of the order. If contact is necessary he should seek some way to make contact that is not in violation of the order - through a neutral third party.

The defendant should realize that the plaintiff does not care about the defendant's concerns - that is why she got the restraining order in the first place.

Read more
Answered on 3/14/00, 11:26 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California