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Friend's girlfriend violating dv restraining order too?

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L

libragirl5

Guest
undefinedWhat is the name of your state? CA.
My friend's girlfriend with whom he has a child got a domestic violence restraining order against him. She has never complied with the orders herself.
Doesn't this invalidate the order? She is staying where he is and he's told her
several times to leave but she won't. Their child is staying with her mother in another place. Is there any way that he could get a restraining order against her? She won't talk to a judge and ask for it to be removed nor will she go anywhere else. She has other people she could stay with but maybe they won't let her stay there. She won't contact them.
They also are co-defendents in a drug possession case. He's in drug court and she's on Prop.36. He's going to classes and following most of his probation. He felt sorry for her and let her stay with him. His mistake but now he can't get rid of her!
What can he do to protect himself against her and get her to leave?
 


CdwJava

Senior Member
SHE does not have to comply with the order - HE does! If HE is the restrained party, HE needs to get his sorry tail end away from her or HE is going to go to jail!

And yes, he CAN TRY to get a restraining order against her, but I think a judge will probably be pissed at both of them. To try and get the TRO he is going to have to admit that HE has broken the order for all this time and been living with her. And even though she's living there all she has to do is pick up the phone and say he's there and guess what?! HE goes to jail!

In CA TRO's are NOT two-way affairs. Chances are a judge would never convict since its obvious she's not afraid of him. But, he would still have to sit it out in jail for a while until it went to court.

He needs to leave and stay somewhere else. Then he needs to look in to the possibility of getting a TRO against her to force her from his residence. The problem is, if they both have equal claim to the residence, then he's likely out of luck.

Carl
 

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