Legal Question in Family Law in California
restraining order
a restraining order that was order 1 year ago, i never took the proof of service back to the court. I have allowed the restrained person to have contact. He has become violent again. Do I have to start all over? or just serve him again, and file with the clerk? He said I was in violation of the order, but I asked the judge when I got the order, if I allowed contact would I be in violation, he said that the restrained person would have to get an order on me. That I would not be in violation. Please write me back.... I need an answer right away. Thank you
Yolanda
1 Answer from Attorneys
Re: restraining order
Take the proof of service to the court and file. Next time he threatens to become violent call the police and show them the restraining order. The police will serve him again and send him on his way. This assumes that you went to court and the court order was for a three year restraining order, and not the temporary restraining order that is valid only until the hearing date for the restraining order.