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If my ex contacted me while a temporary restraining order was in place does it make the order null and void?

Oakland, CA |

Judge said I shall have no visitation untill court. I was contacted 2 days in a row under the excuse of letting me talk to my child. If I bring this up at court will the restraining order become void?

Attorney Answers 3


No. And you are technically violating the order by having contact.

I am licensed to practice only in California and the 9th Circuit. This response is informational only and is based only on the general inquiry posted, which may differ from the advice that would be given if further facts were given, or if the inquiry implicates laws which are state specific. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as legal advice can only be provided in circumstances in which the attorney is able to ask questions of the person seeking legal advice and to thus gather appropriate information to provide a more complete, or even a completely different, answer.

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Absolutely not and you can be charged with violating the order. I wouldn't suggest you mention it at all and I would suggest you stop taking those calls. Discuss this with your attorney.

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The restraining order does not become void. Contact by the other parent is not prohibited. Based on the facts given in your question, I do not believe that you are in violation of the no contact order with the other parent, since you did not initiate the call. Same would apply if the other parent came to your home with the child. You are not obligated to immediately leave your home in fear of violating the stay-away order.

Depending on what custody orders are being sought, I do believe that you should tell the court about the phone calls, since that may alert the Court to the other parent’s willingness to allow phone contact with your child. However, you should not talk with your child until the Court specifically allows such contact.

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