Legal Question in Family Law in California
Restraining Order
I have primary custody of my 12-year old son. His mother has 1 2-hour visit per week and every other weekend. I have a restraining order against her which states that she is not to come within 500 feet of me. My son play's hockey. Our court agreement states that her WEEKnight visit is to be on the nights that he does NOT have practice or games. Weekends she can have him for practice or games. As of now, she sometimes comes to his practices and games during the week. However, every season she finds parents to make friends with and then starts talking horribly about my wife and I too them. They, being our friends too tell us. Obviously if it's her weekend and she brings him that's fine, but if I need to push the restraining order, could I force her not to attend an activity unless it's a scheduled visit?
4 Answers from Attorneys
Re: Restraining Order
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Re: Restraining Order
If mom comes within 500 feet of you at the games, then she is in violation of the restraining order. If you were there first, then she should leave. If she does not, then the method of enforcing the order is to call the police.
However, what effect would this have on your son? In all likelihood, it would be very traumatic for a 12 year old to have a public scene at his game or practice involving his parents and the police. Also, from your post it does not sound like you feel that you are in physical anger by her presence at the games. Rather, you - understandably - don't like her telling people bad things about you and your new spouse, which the RO is not designed to prevent.
I would recommend that when people begin repeating things that mom said about you, you politely tell them that you would rather not hear about it because it is upsetting.
Re: Restraining Order
You have a right to keep her away, except on her visitation times. I would suggest that you give her a warning and if she fails to comply, take a video of her there (don't be too obvious, you may take the video of your son's game and catch her in it) and file contempt. Don't involve your son or the police while he is around. (Personal advice, not necessarily legal advice). She is clearly in violation of the court order and a letter to her attorney or to her may be sufficient. Good Luck, Pat McCrary
Re: Restraining Order
Mr. McCrary gave you the best advice. Avoiding calling the police to come to the game or practice would be extremely embarrassing to your son. You could consider co-parenting counseling. If she responds to this your son will benefit. Should she not respond to the counseling then you can go for the contempt of court.