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  1. #1
    alexc is offline Junior Member
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    Restraning order concept

    California state.
    Hello everyone.
    I have a very interesting situation, on my court order form CR-160. As I understand that if judge issue stay away order order that has restriction 100 yards everywhere

    If # 11 was true and it would already included residence, work and school, why did the judge specified in number 15 (...specific locations: Residence, Work, School)? Didn't # 15 made it a specific order that applies 100yards only at residence, work and school? And if it is a specific order, then if we run in to each other in the store or church incidentally it wouldn't be a violation of RO isnt'ti?

    Because they trying to violate me on it even though I was going to the store and my ex was living in her car and there was no attempt to contact at all.What is the name of your state (only U.S. law)?
  2. #2
    CdwJava is offline Senior Member
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    Apparently yours is an older CR-160, the current ones are not numbered as you indicated.

    The order almost certainly indicates you must stay away 100 yards from the protected party. In ADDITION to staying 100 yards away from where the person is, you were likely also ordered to stay away from their home, school, and work - regardless of whether or not the protected person was present.

    If what happened was incidental contact (you were driving on a common route and the protected party happened to be there in a place you had no idea they were going to be) then chances are good that the matter will be dropped or dismissed as to be guilty you have to knowingly violate the order.

    However, if you are accused of going out of your way to happen past the other person or made some gesture as you passed, then you could be found guilty.

    Consult local counsel
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  3. #3
    alexc is offline Junior Member
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    Get worrant lifted

    Thanks for Clearing that one out.

    As a result of incidental, non-intentional I run in to my ex-wife (protected person) , as she was driving away she saw me on the parking lot while I did not see her until a few feet from her car. I glanced at her (driver) once while we were going to two different directions with out any contact or emotions I went to my store. A week later she decided to file a report and 3 month later I got a warrant that I dont need. I went to the courthouse and there was a complaint filed Section 273.6(a). the sheriff want to arrest me first with a bail of 5k, then take me to court. I was not served properly I willing to go to court, but without be arrested.

    1. Was I suppose to be served properly? [while on informal probation]

    2. Is there is a way to lift the warrant by filing some kind of motion or promise to appear, perhaps notice of hearing so cops not hunting me Jack rabbits?

    3. What is the statute of limitations on a felony complaint in California?

    4. Can I file a counter claim or Cross complaint on that protective person?



    Best regards.
  4. #4
    CdwJava is offline Senior Member
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    Quote Originally Posted by alexc View Post
    1. Was I suppose to be served properly? [while on informal probation]
    Of course. But, since you apparently knew about the order, what makes you think you were not properly served?

    2. Is there is a way to lift the warrant by filing some kind of motion or promise to appear, perhaps notice of hearing so cops not hunting me Jack rabbits?
    If you were already arrested, the warrant is cleared by the arrest. Is there yet another arrest warrant???

    If you were not arrested at the courthouse, then you will need to speak with an attorney that can arrange a surrender or a court date in lieu of the arrest. But, the warrant will not magically disappear.

    3. What is the statute of limitations on a felony complaint in California?
    Once a warrant is issued it is good forever. You can NOT just wait it out.

    4. Can I file a counter claim or Cross complaint on that protective person?
    For what? You do not articulate any crime that she committed, and I don't see that you have any grounds to sue her, so what would you want done to her for reporting she saw you near her? Unless she knowingly and intentionally lied - and you can prove it - there is likely no action that can be taken against her.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  5. #5
    alexc is offline Junior Member
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    Quote Originally Posted by CdwJava View Post
    Of course. But, since you apparently knew about the order, what makes you think you were not properly served?

    I knew about the RO, what I did not know that DA filed a complaint and it was not served on me, they just issue arrest warrant, I would came to the court without it. So, if I had to be served first and I wasn't, then I could file a motion to dismiss for not properly served?
  6. #6
    CdwJava is offline Senior Member
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    Quote Originally Posted by alexc View Post
    I knew about the RO, what I did not know that DA filed a complaint and it was not served on me, they just issue arrest warrant, I would came to the court without it. So, if I had to be served first and I wasn't, then I could file a motion to dismiss for not properly served?
    Neither the DA nor the court are required to notify you prior to the issuance of an arrest warrant.

    If the DA referred a complaint to the court and requested an arrest warrant, they can do so without notifying you. Therefore, your motion will fail.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  7. #7
    alexc is offline Junior Member
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    Modification of RO

    California
    Can I as a Defendant modify the RO that my ex-wife has on me in 2007?

    What is the procedure, if I can, to modify the RO ?
    Last edited by alexc; 05-11-2010 at 08:33 PM.
  8. #8
    alexc is offline Junior Member
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    Restraning Order Elements

    California,

    Hello,

    What are the elements to the Restraining Order (violation)?

    Thanks.

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