Legal Question in Civil Litigation in California

If you have a restraining order against you and the person who filed the order is the one who violated the order, is the order still in effect or is it voided?


Asked on 8/29/10, 12:33 pm

4 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

If the restraining order is only against you (meaning that it isn't mutual), then the other person cannot violate it. The order only restricts your actions. It doesn't restrict hers.

Besides, nothing either of you can do would invalidate the order. Only the courts can make it go away.

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Answered on 9/03/10, 12:39 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Hoffman. The only way that the order would be against the person filing it, is if the court made the restraining order after hearing mutual. In that case, a violation would be punishable by contempt, and possible criminal penalties. In no terms, would it invalidate the order or make it void.

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Answered on 9/03/10, 12:58 pm

Mr. Hoffman is correct. I just write to emphasize that the other person cannot violate the order if they are not restrained. This can place you at great risk, because if you cannot prove you actively tried to comply with the order, such as hanging up if they call you when there is a no-contact order or walking away if they approach you if there is a stay-away order, then you will be in violation of the order regardless of whether they initiated the violation. If the other person keeps trying to place you in violation of the order, your ONLY safe option is to go back to court and ask that it be revoked due to the other person's conduct (hard to get that done), or that the restraint be made mutual (much easier to get).

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Answered on 9/03/10, 1:02 pm
Terry A. Nelson Nelson & Lawless

Court orders are 'voided' only by the judge in a court hearing.

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Answered on 9/03/10, 1:09 pm


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