Legal Question in Family Law in California
restraining order served while living in same house
Parents took temporary custody of my child and
petitioned a restraining order on false accusations. I
have no criminal or violent past. They asked me to
move in with them to be with my child and recently
served me with a restraining order where I am not to be
100 ft from my parents, their propery or work. I don't
want to go to jail but they refuse to drop the order
incase they decide to kick me out. What do I do?
2 Answers from Attorneys
Re: restraining order served while living in same house
One thing you have be aware of with a TRO, the restraining party (your parents) don't decide whether it is in effect or not. It's an order by a judge, so only the judge determines whether it is vacated or not. Until this is sorted out, you should follow the order (regardless of their position on it).
If you haven't had a hearing on the TRO, you'll have an opportunity to plead your position then.
You don't mention how your parents got temporary custody. If it was part of the TRO, you'll address it at the hearing. If not, a motion to modify custody in Family Law court is necessary.
I would contact an attorney in your area if I were you.
Re: restraining order served while living in same house
Retain an attorney to review all info/docs/etc and they can counsel you on your needed legal strategy.
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