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How can I fight a Restraining Order Violation in California?

Garden Grove, CA |

My ex-wife and I divorced 6 years ago. We have a 7 year old son together. There is a Restraining Order against me. Recently I just got arrested for violating my Restraining Order for texting my ex-wife to ask about our son. There were no threats no name calling in the message. She took that text message to the local PD and claimed that I violated the order. My ex-wife has been using this order as the weapon to put have me arrested. The question I have is. Is there any way to fight this violation in court? Should I go all the way to trial and let the jurors decide whether this case can be dismissed? Please give me some advice...My court date Is coming up soon. Thanks!!!

Attorney Answers 2

Posted

You have to review what the court order says that placed the restaining order on you in the first place. If you have a child together, the court usually orders some form of communication. This could be through a third person. You left out a lot of facts dealing with why there is a restaining order in the first place. I also don't know if you have any custody arraignment or visitation. If the call was not in violation of the court order you should fight it. If you want a contact order to talk with the child, visitation etc, that is done in family court. You really should contact an attorney to review all the facts. Remember, if in the future you do want visitation etc, having convictions for violating court orders is going to be frowned on by the family law court.

Any answer to questions is not meant to be con screwed as legal advise and no attorney client relationship has formed. In order for an attorney to give legal advise, The attorney would need to have an opportunity to ask specific questions from a full and complete disclosure of the underlying facts involved in the question asked.

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2 comments

Asker

Posted

Hi Cherie, Thanks for the quick response. Yes, we have joint custody of our son. I have my son from Thursday night until Sunday night. This is what exactly happened. The last time she got me arrested was she sent me an email and responded. She took that email to the local PD and I got arrested for violation. The last time which happened last week when I picked up my son on Thursday from school. When I pick him up he said "dad I wanted to call you on Monday to tell you about Columbus day but mom didn't let me". I asked him why his mom didn't let him. He said his mom said it's because it's not your dad's birthday it's not important. No you can not call. A few hours later I texted my ex-wife and asked her why she didn't let my son call me. There were no threats nor name calling in the text. She took the text message and went to the PD and I got arrested three days later. What do you think I should do? Should I go all the way to trial with this? What can I do to get this violation dismissed? Please give me advice. Thanks again Cherie!!!

Cherie Lynn Brenner

Cherie Lynn Brenner

Posted

You really need to see an attorney in your situation. I don't know where you are located but if you want to set up an appointemnt for a free 20 minute consutation call my law office at 949 259 3140 or 760 481-8989 I have offices in Orange county and San Diego county. If you live out of those areas call your local bar association. Good luck

Posted

As the prior attorney indicated you must review the restraining order to see what the terms of the order are. Some restraining orders state "no contact" other restraining orders allow for "peaceful contact" or contact regarding children are to be done via text as opposed to in person. Can you fight the charges is dependent on 1. the terms of the restraining order. Without knowing all the facts it is difficult to give you advice on fighting these charges.

I do not know what the custodial arrangements are between you and your wife, however you want to make sure that this arrest and possible conviction does not impact your child custody.

949-660-1389

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