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Plaintiff violating temporary Restaining order

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rrfather56

Junior Member
California. In the middle of a divorce. My wife has a bogus TRO and is has invited me to at least 7 events with my children and acutally takes pictures with me and gives me copies. We were alone a the Staples center at a Sparks game for half a day. I keep a detailed Journal. Can I get the TRO dismissed?
 
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Zigner

Senior Member, Non-Attorney
My wife has a bogus TRO and is has invited me to at least 7 events with my children and acutally takes pictures with me and gives me copies. We were alone a the Staples center at a Sparks game for half a day. I keep a detailed Journal. Can I get the TRO dismissed?
US Law ONLY! (What is the name of your state?)

Why do YOU violate your TRO by ACCEPTING these invitations? Further, why would you want to admit, in court, that you violate the TRO? :rolleyes:
 

CdwJava

Senior Member
California. In the middle of a divorce. My wife has a bogus TRO and is has invited me to at least 7 events with my children and acutally takes pictures with me and gives me copies. We were alone a the Staples center at a Sparks game for half a day. I keep a detailed Journal. Can I get the TRO dismissed?
You knowingly violated the TRO by accepting the invitation and attending the event.

Based upon her obvious lack of fear, you may want to consider engaging an attorney to help you return to court and get the TRO dropped or at least modified to allow for peaceful contact. As it is right now, no matter who initiated the contact, if she gets mad at you and calls the cops you SHALL go to jail.

Until the order is removed or modified, STAY AWAY or risk jail.
 

rrfather56

Junior Member
I have also recieved conflicting info. Some sites say to keep track of all initiated contact by her as it will show the TRO has no basis and will be dismised and other sites tell me what your telling me. I have only recently researched this subject.
 

CdwJava

Senior Member
I have also recieved conflicting info. Some sites say to keep track of all initiated contact by her as it will show the TRO has no basis and will be dismised and other sites tell me what your telling me. I have only recently researched this subject.
You should certainly document the times she has initiated contact with you - and how she did so, but understand that engaging her in conversation is effectively confessing to violating the no-contact order. Anything beyond, "I am not supposed to speak to you," might be sufficient to land you in the clink.

Thank you for the lesson. Can she violate me now or would she have had to violate me at the time of the event?
She can report it to the police at any time up to one year after the contact. However, unless it has recently happened (like in the last day) the police are not likely to arrest you but they may send it to the DA who might then issue a warrant for your arrest.

If this is a no contact order, she has you by the tender parts and can make you dance to her tune if she wants to. Cease any and all contact, do not speak to her, and if she calls let it go to voice mail and save them as evidence for use at a return to court to ask the order be dropped. If you can show that she is NOT afraid of you, the judge may agree to drop the order or modify it to peaceful contact. But, "peaceful contact" is only peaceful as long as she's happy. Once she gets mad, it is no longer peaceful and you may find yourself in handcuffs. Being the defendant in a TRO can be a very bad thing.
 

rrfather56

Junior Member
I will take your advise. We keep a childrens journal to pass back and forth during transfer of the kids and I have her invitations in black and white in her own hand writing aswell as voicemail messages left by her. Thank you again.
 

CdwJava

Senior Member
I will take your advise. We keep a childrens journal to pass back and forth during transfer of the kids and I have her invitations in black and white in her own hand writing aswell as voicemail messages left by her. Thank you again.
A journal?

Hmmm ... ya know, that is a great idea! Not specifically for TRO issues, but it can certainly be of a help to parents who share custody and visitation and want to have a record of appointments, upcoming events, recent incidents and significant events for the children, etc. I really like that idea!

If you don't mind, I think I'll see about recommending this concept for further exploration to some of our Family Court people. I think such a thing might resolve a lot of problems, and, may cut down on miscommunications that lead to further complications!
 

rrfather56

Junior Member
I don't mind at all. It really has been helpful in all the items you listed. Especially when it comes to what the kids need help with in school so we can work together on those issues. What do you think about providing the Journal as evidence in Court to show that she has initiated all contact and invitations?
 

CdwJava

Senior Member
I don't mind at all. It really has been helpful in all the items you listed. Especially when it comes to what the kids need help with in school so we can work together on those issues. What do you think about providing the Journal as evidence in Court to show that she has initiated all contact and invitations?
If the journal accurately reflects her initiation of contacts and requests that you accompany her to certain events, sure.
 

rrfather56

Junior Member
My attorney told me I am not violating the TRO and advised me to go to everything she invites me to. Should I fire this guy?
 

mistoffolees

Senior Member
Yes. Your attorney is an idiot.
Maybe. Everyone may be jumping to conclusions.

What does the TRO say? What contact is forbidden?

It's possible that the TRO simply prevents him from going to her house, for example.

Once we know what the TRO says, it will be possible to give better advice.
 

CourtClerk

Senior Member
Is anyone here aware that MOST TRO's in CA allow for peaceful contact regarding the children unless something vile has happened? The attorney is likely correct.
 

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