Legal Question in Family Law in California

I have an order of protection against my estranged husband that protects my children and I and makes me sole parental guardian while terminating his rights completely. I obtained it while he was in jail for violating a temporary order several times.

I moved out of state shortly after but took our two children to see their father before we left. His sister contacted me and asked me for my address to give to him. She told me that a District Attorney told her to obtain my address for my husband. I refused and later received and email stating that their was a child abduction charge filed against me. My husbands sister said that since I visited him in jail my order was rendered void. I know that even if I contact him the order still stands and seeking my address through a second party is violating orders. Does anyone know what I can legally do at this point? I just don't believe that a District Attorney would ask someone to get my address for a restrained person or void an existing order based on the fact that I visited him in jail. I've researched the laws in California and either talking to a District Attorney was completely made up or the DA clearly doesn't know the law. Either way the child abduction charge is real.


Asked on 7/19/10, 6:42 am

3 Answers from Attorneys

I think you sister-in-law is pulling your leg. First, visiting the father in jail was not a good idea, but would not effect the order for protection. Second, criminal defendants are not notified via email. If you really think you have been charged contact the district attorney, preferrably through an attorney.

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Answered on 7/19/10, 11:01 am

Something in your understanding of the facts is wrong. Your outline of the facts, however, contains enough unclear statements that it is impossible even to guess what you have wrong. You need to sit down with a lawyer and go over everything, with the orders and papers in hand. Otherwise you are never going to get accurate advice about this.

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Answered on 7/19/10, 9:35 pm
Rhonda Ellifritz Law Offices of Rhonda Ellifritz

As a former victim of domestic violence myself, I know how these guys work and try to intimidate you in an attempt to maintain and regain control. I do alot of volunteer work to help victims of domestic violence. Call me if you have questions, as I am very familiar with the issues you are dealing with. Please do not allow him to violate that court order, and under no circumstances go visit him, no matter what he says to try to scare you. I am not really sure how you were able to visit him in jail, since they usually check restraining orders. If the restraining order included the children, you could have issues if you continue bringing them to see someone that the court has considered a danger to them.

I am not sure how you know the charges are real, but you can also call the Public Defender's office to see if you have been charged with something. I agree that something is not making sense with some of the story.

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Answered on 7/20/10, 8:46 am


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