My problem is that my ex put his hands on me last April 2016. He pleaded guilty and the court gave him a restraining order where he can not get near me. A few weeks ago on Feb 22 he called through WhatsApp a social media App and I answered and we argue until I hung up. Can I do something about this? Can I have an officer talk to him to stop? We are going through a custody battle and I'm scared anything can trigger him. What can I do?
If he violated the terms of the order, you could report it to the police. It isn't clear if you knew the call was from him when you answered. I am assuming it was only the one call, so I would first suggest that you consult with a local attorney using the AVVO Find A Lawyer feature to see if they can file to have the order extended (if it was a 1-year order, the time is coming up soon). You could also notify the police to get it on record. In any event, he violated the order by contacting you, so you shouldn't refrain from protecting your rights out of fear that it might trigger him.
This is a general response that should not be considered legal advice. No attorney-client relationship has been formed. Please speak with an attorney in more detail about your specific situation.
He's violating the order. Contact the police if you wish.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
I concur with my colleagues. You want to report his violation to the police. You may want to speak with an experienced family law attorney if you are not represented for your custody case. Good luck.
Also, don't answer! And don't argue. For your own sake, and that of the child.
All of Ms. Straus’ responses are intended as useful information, based solely upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. They may not be what you wished to hear, they do not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 33 years. Ms. Straus regrets that she does not provide follow up free advice via email. She also regrets that blunt responses may be taken as "rude" by those who wished a different opinion. Good luck.
If he was given a stay away order, he was probably also ordered not to have any contact with you through social media. The issue will be proving it came from his computer. I agree with my colleagues that you should file a police report immediately and if he calls again, hang up and call the police again.
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