How can I fight a restraint order?

Asked over 1 year ago - Stockton, CA

I'm a female & have 2 kids 2 years old & 5 months old which is still breastfeeding & I've been with my x on & off for 10-12 years we've had a disfunctional relationship lots of cop calls throughout the years & both he & I have been arrested for DV I was just arrested for dv 3 days ago for misdimeanor n I bailed my self out it was only 300$ & so because I went to jail he took kids & wasn't granted an EPO cuz the judge said it was a he said she said deal but he did go to courthouse & got restraint order that way I jus haven't been served yet & now I haven't seen my kids since wed.jan9th & even tho he has restraint order & I haven't been served yet he's still txtn me & harrassing me now is this something I can tell the judge to help me? I'm sayin he got the restraint order & he's still txtn m

Attorney answers (2)

  1. Nadine Marie Jett

    Contributor Level 16

    2

    Lawyers agree

    Answered . Restraining Order: Although he has a restraining order against you, that does not restrain him from contacting you. It only prevents you from contacting him.
    Since he is harassing you, you need to take the Text messages, and file for your own Domestic Violence Restraining Order against him. Then he would be legally forbidden from continuing to harass you. You must keep the Text's and present them to your attorney in the criminal case, as it may be deemed evidence that he is the aggressor, and he is not in fear of you.
    Hopefully, this arrest will be your wakeup call. You are throwing away your life, and ruining the lives of your two innocent young children.
    You may lose custody of them for a long time, perhpas permanently, at the rate you are going.
    Further, both of you sound so unstable, you might both lose them to Foster Care where they might be better cared for, because they will not be subjected to Domestic Violence.
    You are an adult, and a parent. Start acting like one. If addiction is the problem, seek treatment. If mental illness is the problem, seek treatment.
    Get the help you need, get into counseling to try and learn why you would treat yourself and your children so badly.
    May peace be with you.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is... more
  2. Scott David Levy

    Contributor Level 11

    Answered . Contact a lawyer or even a paralegal....sometimes a paralegal can assist you at a fraction of the cost.
    Scotty

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