Legal Question in Family Law in California
Restraining Order Enforcement
My son has a restraining order from a previous incident in 3/99 and since that time his wife has filed for divorce. The court ordered visitation but she is using the restraining order as a way to keep him from his son. The son is to be picked up
from her moms house. She is telling him that she can call the police anytime she wants and tell them about past times when he has violated the order. The one in point is his sons birthday party which he was invited to by her mom. They say they have pictures and can have him arrested for something over 2 weeks ago. I thought the police had to be called at the time of the incident. Thanks
1 Answer from Attorneys
Re: Restraining Order Enforcement
The police wont do anything over an old incident but your son should go into court and get the order modified to take into account visitation and birthday parties.