Legal Question in Family Law in California
my wife and i got into an argument a few months back. She left the house and shortly after I picked up my kids and told her ai did not want them staying with her due to her mom being a drug addict and what goes on in that house, Need less to say I filed for custody and she in turn re-opened a case we previousoly had thatt she was granted a restraining order for she never followed thru with since we reconciled. My question is how can i approach the court to remove the restraining order? I mean we reconciled even married since the original restraining order was granted by a judge and now only after I file for custody does she follow thru with this order. Not because I have been or am any threat to her but more out of spite. Please give me your opinion on what I can do. thanks.
1 Answer from Attorneys
It is my view that, by her actions, she did not need the protection given by a restraining order. It is not uncommon for people to use restraining orders for spiteful means. Is the order still valid? You did not say when it was filed. They usually run for three years. I would file an Order to Show Cause why the restraining order should be vacated on the basis that the order was waived by wife by virtue of her actions.
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