Drop TRO vs Stipulation?

[rjbudz]

What is the name of your state (only U.S. law)? California

I have a DVTRO against my wife. My tenants have been verbally abused in the past and are not on the TRO, but are protected in that TRO includes not being within 100 yards of property. We are going through a divorce and she needs to get her belongings and supervise yard cleanup (she is a landscaper). She's been evading service for 4 months. Her lawyer suggests I drop TRO and we can have a stipulation which states in part:

1) (wife) voluntarily agrees to not enter house at (residence address) or enter properties owned or occupied by Tenants and/or (me), except by court order.

2) (wife) voluntarily agrees to not initiate contact with (tenants) and/or (me), except by court order.

Along with other stipulations about what she can do, what she can take, etc.

Am I being set up? Can the stipulation be upheld? Can I stipulate in papers I file to drop DVTRO that if any tenets of stipulation are broken, I can refile TRO and she agrees to be served?What is the name of your state (only U.S. law)?

 

[mistoffolees]

What is the name of your state (only U.S. law)? California

I have a DVTRO against my wife. My tenants have been verbally abused in the past and are not on the TRO, but are protected in that TRO includes not being within 100 yards of property. We are going through a divorce and she needs to get her belongings and supervise yard cleanup (she is a landscaper). She's been evading service for 4 months. Her lawyer suggests I drop TRO and we can have a stipulation which states in part:

1) (wife) voluntarily agrees to not enter house at (residence address) or enter properties owned or occupied by Tenants and/or (me), except by court order.

2) (wife) voluntarily agrees to not initiate contact with (tenants) and/or (me), except by court order.

Along with other stipulations about what she can do, what she can take, etc.

Am I being set up? Can the stipulation be upheld? Can I stipulate in papers I file to drop DVTRO that if any tenets of stipulation are broken, I can refile TRO and she agrees to be served?What is the name of your state (only U.S. law)?

Never, ever take advice from stbx's attorney. Think about it for a second - they're representing her, so why in the world would they be offering advice that's good for you.

If you have a legal question, get your own attorney.

In general, though, I would never drop a TRO. Never. First, it sends the wrong message. Second, if she attacks you again, you may get less response from the police or prosecutor.

Someone else can get her belongings or supervise the yard clean up.

 

[CdwJava]

Ifyou wish, you can ask that the TRO be modified to allow for peaceful contact under specific terms. That is your choice. A judge might not agree.

If you are afraid of her, why allow her anywhere near your place? Hire a new landscaping firm.

If she needs a time to come pick up her stuff, a judge will have to provide for that arrangement in the order. Understand that the police cannot give her permission to violate the order even if it is to pick up her stuff.

 

[rjbudz]

Thank you all. I came to same conclusions after mulling it over. It's gonna piss the realtor off a lot, but it's not like she isn't already because this TRO thing is slowing everything down.