Legal Question in Family Law in California
Family Law Restraining Order???
Hello.
My child's mother tried to get a domestic violence restraining order place against me. The Judge did not order it. However, my child's mother lawyer continued to pursue it at trial for the OSC I filed.
Instead the Judge ordered a ''family law restraining order.'' What is the difference between a domestic violence restraining order and family law restraining order? The Judge stated that I am not to be within 100 yards of my child's mother unless it is an emergency for our child or exchanges.
Is this on my background record? How long does it last? Does the mother file it with the police station in the city where she lives and works?
Please advise as I was pro per and I really do not have anyone to assist me with this question.
1 Answer from Attorneys
Re: Family Law Restraining Order???
The difference involves more than I can write here. At its simplest, it does not go to the police, it is enforceable by a contempt of court. So if you violate it, you are subject to penalties from the court -- fines and potentially days in jail, but you can't be arrested over it. It lasts as long as is stated in the order. If there is no termination date, then it is ongoing.
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