Legal Question in Family Law in California
i recently filed a retraining order against my ex. when we went to court the judge decided because of his good behavior that it would be lifted. the victims advocate informed me if he tried anything else after it had been lifted to go back to her. he is now mailing stuff to my house from his parents house. also he is able to charge me with the postage for it? due to this i have not accepted any of it. i have informed the v.a. and am waiting for her response. i am truly afraid of what he is or will try to do due to past events. is there any way that i can go to court and asked for it to be put back into effect? i heard someone mention that it could be "repealed".
1 Answer from Attorneys
The victim advocate is not a lawyer and they should not be giving you legal advice. You should speak with the domestic violence help center in your local courthouse to ask if it would be appropriate to file another restraining order based upon the new information. You need to make it clear to the other party that you do not request any contact with them. You should do so in writing so that if he chooses to continue to contact you, he is violating your requests. You should speak with the local police about making a police report also, so you have a record of your requests.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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