Legal Question in Family Law in California

Sheriff did not file w/ District Attorney

I have a restraining order against my ex. We have 2 children whom I have cusotdy of and my ex has monitored visits 3 hours per week, The order also inculdes them. Within the past 3 weeks I have recieved over 50 text messages on my cellphone from him. Some wanting me to come over and some accusing me of things that never happened. Some are threatening. I have gone to the police 4 times to file complaints and was told they would file with the DA so I can persue a case. I went to the DA's office yesterday and there were no reports filed from the sheriff's dept. What is my legal recourse against the sheriffs dept? Where can I find someone to take this seriously? I have an attorney but to continue to call him in to this daily drama would take too long through the court system. My girls have a visitation in a few days and I fear for my and their safety during the exchange. Even though it is monitored, there is no safety in the parking lot of the facility.


Asked on 10/12/05, 10:32 am

1 Answer from Attorneys

Elizabeth L. MacDowell Law Office of Elizabeth L. MacDowell

Re: Sheriff did not file w/ District Attorney

You need to call your attorney immediately. He or she is the person who can help you enforce your restraining order insofar as it overlaps with family law, and deal with the imminent visitation issue.

You can also ask the Sheriff's Office for an escort to visitation. They may provide one under the circumstances. If not, you can inquire about hiring an off duty officer as an escort to the visitation. They usually charge about $35 per hour. This would just be an emergency type fix to buy your attorney time to get into court on your case if appropriate.

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Answered on 10/13/05, 10:12 am


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