Legal Question in Family Law in California

DV Restraining Order broken

I was emailed by restrained party stating that the RO is stupid and to ignore this restraining order and show up to a family party with our child who is also protected by this RO. The other party just started seeing the child this year as I moved back to same town. The restrained party has an OSC for custody and visitation as they do not have any now except by my discretion. There has been both supervised and unsupervised visits until the harassment, unannounced visits, not following my instructions during visits, affected the child who has been seeing a psych since change of custody almost 4 years ago.The sheriff told me to file this RO. The judge granted it as the other party called and said they would not be there and the possibility of continued drug use was a factor. This same judge will hear the OSC this week. I need to know what to do about the RO being broken. There is 5 days until the OSC hearing. I will be asking for minor's counsel to be reappointed with a continuance.


Asked on 12/17/06, 11:10 am

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: DV Restraining Order broken

Any time a restraining order is violated you should make a police report so that you will have a written record to show to the court. The court could give you sole physical custody or supervised only visits due to the violations. You could also bring a contempt action which could result in jail time and fines for the violator.

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Answered on 12/18/06, 5:46 pm


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