my ex wife has RESTRAINING ORDER AGAINST ME, but during vistitation and exchanges, we have MONITOR to supervise our exchanges and thats the court order, EITHER MY AUNTIE OR MY UNCLE WILL DO THE SUPERVISE EXCHANGE During exchanges and court granted it. during exchanges Our meeting place is inside the KFC RESTAURANT, I WAS inside to do the exchange, my ex wife was there too, My auntie and I arrive first in KFC, my ex wife arrive with our daughter, then she hand the child to my aunite instead on me. then my ex wife called a police for me during the exchanges for no reason, she used the reason that she has restraining order against me, the police officer arrive reah her order and get my side then police ignored her and understand the order that i can show up in exchanges as soon theres monitor
in the restraing court order "EXCEPTIONS: Brief and peaceful contact with the person 1 (ex wife) and peaceful contact with children in 3 as required for court ordered visitation of children, is allowed unless a criminal protective order says otherwise. what is my advantage? is she gonna look bad at the court because she dis respect out exchanging and also she dis respect our own child because of calling a police for no reason? she wana make drama, and called police, instead she hand the child to me and just leave, what she did she stayed outside the kfc and called the police for me. what is her intention on me? thats why we have monitor supervisor in exchanges, whats should I do? is she gonna look bad to the judge beause it seems look like she disrespect the order and also she create drama to the front of our child
Family Law Attorney
The judge may see this as her attempt to try to set you up to violate the order, or not. The order protects you. Keep following the order, and you should be fine. If she wants to call the police, they will have records of that, and you may want to subpoena the officers or the records to court to show the judge what she is doing.
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3 lawyers agree
Criminal Defense Attorney
Is this a temporary restraining order, pending a hearing to determine whether it should be permanent? Is it an order issued in your divorce/custody case?
If you have an attorney, you should be asking him or her, not strangers on the Internet with no knowledge of the case.
The incident might tend to show that she is unreasonable, or that she wasn't truthful with the officers. However, you might shoot you in the foot if you present this information in the court in a manner that makes you seem like you are overreacting to a misunderstanding.
For instance, typing in CAPITAL LETTERS on the Internet is considered SHOUTING. Most judges are very strict about courtroom etiquette, so you will have to use this information at the right time, in the right manner.
Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this site, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.
5 lawyers agree
Family Law Attorney
The court order protects you given that it expressly states that you can have peaceful contact with your ex for purposes of exchanging the minor. If there are allegations of violation of the restraining order at the time of exchanges, you can simply state that there is a contact exception. The fact that you have a witness (your aunt) is also beneficial.
This is not legal advice and a client-attorney relationship is not created as a result of this communication. For a free consultation call 619-752-0125 or email at firstname.lastname@example.org. Se habla Español.
Family Law Attorney
You should get a copy of the written police report and/or incident report, if it exists. After you see what the police officer(s) put down in writing about the incident you will be better able to estimate whether this incident shows something that will help your case. Sometimes when people are under stress they perceive events differently than the police perceive them.
If after seeing the written police report you think you really have something you can use, then I suggest that you contact an experienced Family Law attorney, bring the written police report with you, and hear what the attorney has to say about how to go about using it.
As stated above -- I have NOT actually stated any legal opinion, because I need to know more before I can start to form one.