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Is an order of protection void if the protected person contacts the restrained person

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cope.ronni

Junior Member
False accusation of child abduction

What is the name of your state (only U.S. law)? CA
I have an order of protection against my estranged husband that protects my children and I and makes me sole parental guardian while terminating his rights completely. I obtained it while he was in jail for violating a temporary order several times.
I moved out of state shortly after but took our two children to see their father before we left. His sister contacted me and asked me for my address to give to him. She told me that a District Attorney told her to obtain my address for my husband. I refused and later received and email stating that their was a child abduction charge filed against me. My husbands sister said that since I visited him in jail my order was rendered void. I know that even if I contact him the order still stands and seeking my address through a second party is violating orders. Does anyone know what I can legally do at this point? I just don't believe that a District Attorney would ask someone to get my address for a restrained person or void an existing order based on the fact that I visited him in jail. I've researched the laws in California and either talking to a District Attorney was completely made up or the DA clearly doesn't know the law. Either way the child abduction charge is real.
 
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LdiJ

Senior Member
What is the name of your state (only U.S. law)? CA
I have an order of protection against my estranged husband that protects my children and I and makes me sole parental guardian while terminating his rights completely. I obtained it while he was in jail for violating a temporary order several times.
I moved out of state shortly after but took our two children to see their father before we left. His sister contacted me and asked me for my address to give to him. She told me that a District Attorney told her to obtain my address for my husband. I refused and later received and email stating that their was a child abduction charge filed against me. My husbands sister said that since I visited him in jail my order was rendered void. I know that even if I contact him the order still stands and seeking my address through a second party is violating orders. Does anyone know what I can legally do at this point? I just don't believe that a District Attorney would ask someone to get my address for a restrained person or void an existing order based on the fact that I visited him in jail. I've researched the laws in California and either talking to a District Attorney was completely made up or the DA clearly doesn't know the law. Either way the child abduction charge is real.
How do you know that the child abduction charge is real?...and why the heck were you dumb enough to visit him in jail with the children?

In any case, if you are absolutely certain that the child abduction charge is real (and I don't see how you can be when there is an order of protection against dad) then you are going to need a criminal law attorney to unravel the mess.
 

Ohiogal

Queen Bee
An order of protection DOES NOT terminate parental rights. There are laws to be followed when relocating. OP you are not telling the full story and hence cannot get good advice because you have not given facts.
 

cope.ronni

Junior Member
In response to the reply that an order of protection does not terminate parental rights:
On the sixth page of my restraining orders under child custody and visitation orders legal and physical custody was given fully to me and none to him. He also has NO visitation.
Yes, I know that visiting him in jail was not a good idea. I did it for the children, not me or him. I wasn't sure when they were going to see their father again so I decided to take them and also let him know that I was moving. I didn't have to do it but felt that it was the right thing to do in regards to our children.
I have found out more information from accredited lawyers and my suspicions were confirmed that a District Attorney would not ask someone to try and obtain an address of a protected person. I have also learned that the information that the child abduction unit received from him was incorrect.
He stated that he was never served with restraining orders, that they were served to his mother instead of him. Yet, he was jailed twice and plead guilty in court to violating those orders.
So the information that his sister fed to me and the actual legal proceedings didn't match up.
I'm still a little confused about the email I received. According to a lawyer defendants never receive notice of a hearing through email so I'm not sure.
 

cope.ronni

Junior Member
Just asking but in theory if one has no visitation and no contact WHATSOEVER what parental rights could be left?
I know that "parental rights" is a legal term and that's not what I'm getting at here but seriously, what's left?
 

CSO286

Senior Member
Just asking but in theory if one has no visitation and no contact WHATSOEVER what parental rights could be left?
I know that "parental rights" is a legal term and that's not what I'm getting at here but seriously, what's left?
Child support. as long as you are a legal parent, your children have the right to child support from you.
You can have no visitation and no contact, but until you have had your parental rights termainated, you are still on the hook for child support.

Excluding the issues regarding the OFP, a non cusodial parent could always pursue visitation.
 

Isis1

Senior Member
Just asking but in theory if one has no visitation and no contact WHATSOEVER what parental rights could be left?
I know that "parental rights" is a legal term and that's not what I'm getting at here but seriously, what's left?
The right to reinstate those privledges at a later date. Once the legal process of actual parental rights means that's it. They are no longer legally bonded to the child.
 

LdiJ

Senior Member
The right to reinstate those privledges at a later date. Once the legal process of actual parental rights means that's it. They are no longer legally bonded to the child.
If parental rights are terminated, they are no longer legally the parent of the child, even if an adoption doesn't take place.
 

sometwo

Senior Member
Just asking but in theory if one has no visitation and no contact WHATSOEVER what parental rights could be left?
I know that "parental rights" is a legal term and that's not what I'm getting at here but seriously, what's left?
No visitation/ contact means you cannot see or contact child. They are still the parent and can at any time petition the court for the visitation and contact to be reinstated. Plus child support is still required

Termination means that parent is not legally tied to that child ever again. Petitioning the court would mean nothing since that parent would no longer legally be that child's parent. They would have no more rights than I would to that child.

As it stands he still has rights .
 

LdiJ

Senior Member
Thanks for clearing all that up!:)
Have you confirmed yet whether or not you have been charged with parenting kidnapping? It really is important that you find out. If you have, you ABSOLUTELY need to get an attorney on board to get the charges dismissed. If you have not actually been charged, and its just dad trying to get you charged, you don't have much to worry about YET...but you could later on.

What is the duration of the restraining order? Is it a permanent one?
 
Have you confirmed yet whether or not you have been charged with parenting kidnapping? It really is important that you find out. If you have, you ABSOLUTELY need to get an attorney on board to get the charges dismissed. If you have not actually been charged, and its just dad trying to get you charged, you don't have much to worry about YET...but you could later on.

What is the duration of the restraining order? Is it a permanent one?
OP- ABSOLUTELY follow this advice!

Question: Had you started a divorce, child support, or any other Court proceeding other than the Order of Protection?
 

cope.ronni

Junior Member
There have been charges filed. I have talked with a representative with the child abduction unit and was told the details of the charge.
It states that my estranged husband alleges he was never served before the hearing for the permanent restraining order and therefore it should be rendered void and he should be allowed visitation.
Anyone that has gotten an order of protection before knows that the judge won't even continue without a proof of service making it impossible to obtain a permanent order without one. Also, he plead guilty in court when arrested for violating the temporary order, no one would do that if they had not been served.
I have indeed sought an attorney at this point to help me with this case. I was also informed that when I attend the hearing via phone conference the child abduction charge will be dropped.
 

cope.ronni

Junior Member
I hadn't started divorce proceedings yet, mostly because I wanted him to pay for it instead of me. I've been trying to stick to just the bare facts so as not to sound as if I'm bashing my children's father. There was domestic violence, he has a mental illness (bipolar disorder) and he also had a drug/alcohol problem. I spent a lot of money in the past trying to help him clean up and lost a lot of money through his drug/alcohol abuse. I was a little bitter about that but it was my mistake to wait.
Child support was never sought because at the time I just wanted to be done with the whole situation. However, this is something that I will be working on with my attorney.
 

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