Sorry Jetx. We just have more information because we read the OPs other thread. The daughter is a minor and cannot contact the court. In this case Dad needs to take legal means to protect his child. But if the child was not minor, then you are correct. And if the TRO is against the daughter's mother then you are correct.
ROs in CA include any minor children that live with you. Since it was the abuse of the daughter that initiated the action...the only reason it's the Mom's RO is the Mom is the adult. I'm CERTAIN it includes the child.
Since your daughter has a cell, why did you not already instruct her that if she's in a situation where she's frightened (like she was in the car), she should call 911 immediately? That is, IMO, negligent of YOU.
IMO, that is a horrible position to put a 7 year old in. She would be horrified of getting mommy in trouble---scared the boyfriend would retaliate. This is just a horrible situation for her. If she is so scared that she looks into the back seat so she doesnt have to look at him, why would she be brave enough to call 911?
And did you notify the DA's office of the violation of the RO? Did you contact any authority?
I agree that it is. And were it my child, I would be finding a way to have her in counseling ASAP. Unfortunately, in some situations, the kid has to find the strength to keep themselves safe at all costs. This is one of them. At the very least, she should have called Dad - who could've gone to get her immediately. 'Cause right now? All he has to go on is the word of a 7yo. And that may not be enough.
On Tues. talk to your attorney about filing an Emergency suspension of visitation because Mom has violated the RO. Your daughter is at risk. He will tell you how to proceed from there.
My apologies, then - I understood that she took the cell AFTER being at the b/f's. Mea culpa.
Withholding visitation "for good cause" is generally allowed and would not be considered contempt. If Mom is not following the order to keep daughter away, then you have good cause to deny visitation.
Yes, highly unlikely he'd be cited for Contempt in these circumstances.
The answer is the same regardless, actually. In THIS type of situation (abuse/neglect/risk). There is an RO, Mom broke it - in breaking it that created risk for the child. If a child is in danger, that is an exception to the rule of Contempt.
Can he file an ex parte hearing to have the child's time with Mom suspended since she violated the RO?