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  1. #1
    osanchez424 is offline Junior Member
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    what is the punishment for violating a restraining order with a 3 yr joint suspension

    What is the name of your state (only U.S. law)?
    in california, what is the punishment for violating a restraining order with a 3yr joint suspension over your head?
    specifics:
    we are able to swap the baby back and forth but that is it. dad brought me baby and left. he stayed nearby because a neighbor was harrassing me, throwing eggs at the apt and dad was concerned about our wellbeing. a neighbor called and reported arguing (it was not us) the police found dad nearby, not in my apt or around me and arrested him for violation of restraining order. no violence occured. it was a "peaceful contact swap" with the child.
    dad just got out of jail, was in there for one yr county time for failure to report police contact. the original case is dv related 2 yrs ago.
    dad has a 3 yr joint suspension over his head.
    online it says his charges are a misdemeanor.
    again, no violence occured, he was not around me.
    What will be his punishment?
    What can we do in this situation?
  2. #2
    Zigner is offline Senior Member
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    Quote Originally Posted by osanchez424 View Post
    ...he was not around me.
    If he wasn't violating the RO, he wouldn't have been arrested.
  3. #3
    osanchez424 is offline Junior Member
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    ok but he was, the officer said take it up with the judge. i just want to know because of that 3yr joint suspension, will he automatically get three years now? what is going to happen
  4. #4
    Silverplum is offline Senior Member
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    Quote Originally Posted by osanchez424 View Post
    ok but he was, the officer said take it up with the judge. i just want to know because of that 3yr joint suspension, will he automatically get three years now? what is going to happen
    No one can answer that question for you with an absolute.
  5. #5
    CdwJava is offline Senior Member
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    Quote Originally Posted by osanchez424 View Post
    we are able to swap the baby back and forth but that is it. dad brought me baby and left. he stayed nearby because a neighbor was harrassing me,
    Okay ... so, the order allows for peaceful contact for child exchange, but does not otherwise permit him to loiter within the prohibited radius. Dumb move on his part.

    If the neighbor is harassing you, what was he going to do? Beat the neighbor down? Why not just call the cops? Having him lay in wait on the off chance that the neighbor might choose that moment to step out and hurl an egg at your apartment is a weak claim at best.

    no violence occured.
    If the order is a stay away order (with exception for child exchange), then no violence is necessary. And, of course, if the police got a report that there WAS a non-peaceful argument, and they are pointed in your direction, and they find dad nearby, what are they supposed to think?

    What will be his punishment?
    What can we do in this situation?
    He could do up to a year in county jail for the court order violation, and his prior sentence could come back to life and be imposed.

    "We" cannot do anything ... HE needs to speak to an attorney.

    He also needs to heed the court order in the future.
    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
  6. #6
    osanchez424 is offline Junior Member
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    is there a chace he wont do time?
    what is the joint suspension for then?
  7. #7
    CdwJava is offline Senior Member
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    Quote Originally Posted by osanchez424 View Post
    is there a chace he wont do time?
    what is the joint suspension for then?
    There is always a chance, though with what sounds like a three year suspended sentence hanging over him, I would think it unlikely. Unless the DA feels that there is no case, it is likely that he will find his probation violated and the prior sentence - or part of it - imposed, plus whatever he might face on the current charges.
    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

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