My Ex is restrained and he has been violating the order and now he has even called CPS on me

Asked over 5 years ago - Redding, CA

I live in Ca. and have a DV restraining order against my ex. I am currently trying to end his supervised visits since he cannot comply with the r/o, but now he all of a sudden has called CPS and claiming I am a neglectful Mom though he should have no knowledge of my life. This is while court action is going on too. He has never complied with the r/o and now a CPS call. Isn't this a crime? Shouldn't he lose all visitation provledges after doing such a hateful act? He called as anonymous but told police today that yes he did do it because he is a concerned parent though he has no knowledge of my life. Please help! By the way, I fully complied with CPS and claim is going to be labeled "unfounded", but still I now have a record thanks to him

Attorney answers (3)

  1. Brian Richard Dinday

    Contributor Level 16

    2

    Best Answer
    chosen by asker

    Answered . Unless the police or CPS arrested you, you do NOT "have a record" due to what he did. If nothing more happened other than that he told lies to CPS and they asked you questions, nothing should appear on your "rap sheet". If you want to be sure, wait a month or two after the incident, and go to the Department of Justice offices and get the forms to request your own "record". You will have to get fingerprinted to do this, but it should come up squeaky clean, and will give you peace of mind.

    No judge will issue a restraining order preventing anyone from reporting a crime. Even a stalker and wife abuser COULD have valid information about child neglect and CPS has to investigate. Personally, I think we need legislation that makes it a crime to make a clearly fabricated complaint, but we won't see that either, as it would tend to discourage legitimate complaints.

    I do agree that you should report every single violation of the Restraining Order to the police. Do NOT let him intimidate you with his retaliation scams. That is why he did it. If you let those violations slide, he will feel in control again and the abuse will worsen.


    By the way, I don't know HOW abusive he was to you, but if you think he is capable of deadly force, the existence of a valid, active restraining order gives you a defense to the crime of carrying a concealed firearm without a permit to carry (Penal Code Sec. 12025.5). He sounds like a vicious person, and I would not make the mistake of underestimating him when his schemes are thwarted.

    For further information on domestic violence cases, please see

    http://lawyer-domestic-violence.com/statutes_fu...

    Good luck.

  2. Annette L Goudy

    Contributor Level 15

    Answered . There is nothing you can do about the calls to CPS. As long as there is nothing going on at the house that can be a danger to the children, there is nothing to worry about. He probably called because you are attempting to limit his visitation.

    As far as your ex violating the restraining order,if you have evidence of those violations, call the police.

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  3. Jonathan H Levy

    Contributor Level 20

    Answered . A CPS record of unfounded, means just that - unfounded. CPS has to investigate referals made, if they rejected them without checking you can well imagine the problems that would develope. I would just leave it alone.

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