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I have a question about a restraining order? Please answer..

San Bernardino, CA |

My boyfriend has court tomorrow for violation of the restraining order. But he didn't really violate it. There was mis- communication..I was going to see his Grandmother and I went to her old house (didnt realize she already moved) where my boyfriend was at, I thought he was at her other house and that she was at the old one. Well anyways, cops showed up on an unrelated issue and ran our names of course and got him for violation of the R.O..so If I go to his hearing tmmrw & explain what happened and ask to change the R.O to a no negative contact...can it get me in any trouble for showing up? can it get my boyfriend in further trouble? please help. I just wanna know if It is a good idea to go to the court date or if it is a bad idea and if its going to cause more problems.

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Attorney answers 3

Posted

Court is a "restraining order-free" zone. You will not get into any trouble for showing up at the hearing, nor will your boyfriend get in any trouble if you are there. I advocate for honesty with the court.

As a reminder: Do NOT drive with him to court, do NOT hang out near him in the hallway, do NOT talk in the hallway. And please keep in mind that if there is a restraining order, there is usually a reason. Keep yourself safe.

Asker

Posted

Thankyou for your help. One more question, who do I speak to when I get to his court hearing? I wasn't asked to go, I'm just sort of walking in with his grandmother and trying to get this mess sorted out, but I really wanna go about it in the best way..

Asker

Posted

Do I speak to the DA or do I speak to his P.O? Or his public defender?

Erin Patricia Farley

Erin Patricia Farley

Posted

You could speak to his attorney. If you do, have grandma approach the attorney and let him/her know you want to to speak to them (ie, don't approach the boyfriend).

Posted

Accidental contact is often a defense.

Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.

Asker

Posted

what does that mean? you didnt really answer my question... i need details please

Posted

Just tell the truth, these things some times happen and it was accidental

My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.

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