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Requirements for restraining order

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mbandit

Member
What is the name of your state (only U.S. law)? Ca
I pleaded guilty to domestic violence about three months ago,and I went right back with my wife after that.I did not commit any acts of violence against her after I was released, and I am going to my domestic violence classes and have not violated my probation.Can she file a restraining order against me based on that incident that happened 3 months ago?We separated a few days ago and I think she might want to do that,with the intention of preventing me from seeing my daughters.Does she need a reason to file it,or can she just file it even though I have not committed any crimes against her after that?
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Ca
I pleaded guilty to domestic violence about three months ago,and I went right back with my wife after that.I did not commit any acts of violence against her after I was released, and I am going to my domestic violence classes and have not violated my probation.Can she file a restraining order against me based on that incident that happened 3 months ago?We separated a few days ago and I think she might want to do that,with the intention of preventing me from seeing my daughters.Does she need a reason to file it,or can she just file it even though I have not committed any crimes against her after that?
Lets see.. based on your other post she may have cause. When did you tape her illegally? Have you screamed at her?
 

CdwJava

Senior Member
Can she file a restraining order against me based on that incident that happened 3 months ago?We separated a few days ago and I think she might want to do that,with the intention of preventing me from seeing my daughters.Does she need a reason to file it,or can she just file it even though I have not committed any crimes against her after that?
She would have to complete an affidavit in support of the restraining order and present it to the court. the court would either grant the temporary order and schedule a hearing in a few weeks, or he would deny the temporary order. Certainly, she can use any previous incidents as a reason to request the order. It would be disingenuous to use the old incident as the SOLE supporting claim for good cause on the order, but it can certainly be one of the supporting claims.

One does not have to commit a crime to be subject to a restraining order. One must only be engaging in conduct that gives her concern for her well being or that of her property or family in order to file.

- Carl
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Ca
I pleaded guilty to domestic violence about three months ago,and I went right back with my wife after that.I did not commit any acts of violence against her after I was released, and I am going to my domestic violence classes and have not violated my probation.Can she file a restraining order against me based on that incident that happened 3 months ago?We separated a few days ago and I think she might want to do that,with the intention of preventing me from seeing my daughters.Does she need a reason to file it,or can she just file it even though I have not committed any crimes against her after that?
I don't have the answer to this specific question, but the fact that your DV case was only 3 months ago is information that was important to include on your custody thread.
 

mbandit

Member
Lets see.. based on your other post she may have cause. When did you tape her illegally? Have you screamed at her?
I taped her "illegally" about a month ago.No she has screamed at me, and I am always trying to be calm with her.I have not touched her, or done anything violent to her.I am really bettering myself even though I was never really violent before, except for that one incident 3 months ago.Even the neighbors have heard her screaming at me on numerous occasions and they can say that I stay calm and not scream at her.She breaks stuff and screams when we have our disagreements.The pot craving makes her very violent,and that is a big reason to why we separated.So you are certain that me taping her is illegal?where can I get that specific information?
 
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