Restraining Order Violations - California

[yolandanewell]

What is the name of your state? California

My ex-husband has now violated the restraining order set in place post a conviction of domestic violence THREE TIMES IN TWO WEEKS.

Incident 1: Showed up at the home of our three year old daughter and I at 7:50 am on the 4th of July and parked in front of the house repeatedly honking his horn, bringing neighbors out of their beds. I phoned the police - they told me that he admitted that he knew he was NOT supposed to be here at that particular time (he is only allowed to be here for pick up and drop off of our child) and that he was told to go home.

Incident 2: At drop off of our daughter he exited his vehicle and tried to carry her into my home (Order states that he MAY NOT EXIT HIS VEHICLE AT ANY TIME NEAR MY HOME). Police never showed.

Incident 3: (the most terrifying one) He left me a voice mail on my cell phone stating that he was going to come back and "hack someones head off with a knife" and proceeded to laugh and say"just kidding" then rambled on about the arrangements for visitation for that week and finished it off with some garbled speak about nuclear arms and how they blow things up. Upon recieving this message I immediately contacted our local police department. The sergeant stated that he would be over to record the message. He never showed. I physically took the phone TO THE STATION where I was shunned and told that they werent interested in hearing it and that the sergeant had taken the report and he'd handle it. The sergeant phoned back Friday night to say he'd be over, again, to record the message... he's never shown.

In the meantime the exhusband has threatened to take our child and has sent me a certified letter stating that he is moving to a town 45 minutes away, minus a physical address.

He refuses to pay child support (totally unrelated to the domestic violence however my questions to him about receiving payment spurs his violent outbursts. I've contacted the local DA and have gotten them involved in the interception of his wages which will take months - however now with his relocation and my not having a residential address - this will further delay the reciept of support for our daughter.

Why on earth would the police department NOT HELP US??????? This man has violated several court orders yet nothing happens to him legally and yet I'm still forced to trust the fact that one day he's not just going to disappear with our child. NOTHING IS STOPPING HIM FROM DOING SO!!!! When all the police do is tell him to go home or call him on the phone... they are virtually giving him permission to continue with the harassment!

 

[CourtClerk]

What is the name of your state? California

My ex-husband has now violated the restraining order set in place post a conviction of domestic violence THREE TIMES IN TWO WEEKS.

Incident 1: Showed up at the home of our three year old daughter and I at 7:50 am on the 4th of July and parked in front of the house repeatedly honking his horn, bringing neighbors out of their beds. I phoned the police - they told me that he admitted that he knew he was NOT supposed to be here at that particular time (he is only allowed to be here for pick up and drop off of our child) and that he was told to go home.

Incident 2: At drop off of our daughter he exited his vehicle and tried to carry her into my home (Order states that he MAY NOT EXIT HIS VEHICLE AT ANY TIME NEAR MY HOME). Police never showed.

Incident 3: (the most terrifying one) He left me a voice mail on my cell phone stating that he was going to come back and "hack someones head off with a knife" and proceeded to laugh and say"just kidding" then rambled on about the arrangements for visitation for that week and finished it off with some garbled speak about nuclear arms and how they blow things up. Upon recieving this message I immediately contacted our local police department. The sergeant stated that he would be over to record the message. He never showed. I physically took the phone TO THE STATION where I was shunned and told that they werent interested in hearing it and that the sergeant had taken the report and he'd handle it. The sergeant phoned back Friday night to say he'd be over, again, to record the message... he's never shown.

In the meantime the exhusband has threatened to take our child and has sent me a certified letter stating that he is moving to a town 45 minutes away, minus a physical address.

He refuses to pay child support (totally unrelated to the domestic violence however my questions to him about receiving payment spurs his violent outbursts. I've contacted the local DA and have gotten them involved in the interception of his wages which will take months - however now with his relocation and my not having a residential address - this will further delay the reciept of support for our daughter.

Why on earth would the police department NOT HELP US??????? This man has violated several court orders yet nothing happens to him legally and yet I'm still forced to trust the fact that one day he's not just going to disappear with our child. NOTHING IS STOPPING HIM FROM DOING SO!!!! When all the police do is tell him to go home or call him on the phone... they are virtually giving him permission to continue with the harassment!

Get a copy of the police reports and go back to the courthouse. Ask for a FL-410 and FL-412 (order to show cause and affidavit for contempt and supporting facts) or use this link and fill them out... If you have an attorney, your attorney should be able to help you with this... if not, the forms are pretty self explanatory.

http://www.courtinfo.ca.gov/forms/fillable/fl410.pdf
http://www.courtinfo.ca.gov/forms/fillable/fl412.pdf

File them with the court and get a hearing and drag his butt back into court. Let the judge deal with him. You may end up having to fill out the order also (FL-415), but that will come after the order has been made. The family law facilitator in the courthouse should be able to review the forms for you if you need help.

Good luck

 

[yolandanewell]

Thank you!!!!!!!

I have the forms saved and will get them printed, filled out and filed first thing tomorrow morning.

I find it totally frustrating that over these past three years I've had to push this case forward myself - when in reality the courts should be doing it. At the same time I am grateful that I'm not afraid to ask for help... because see what happens!!??

AT NO TIME has ANYONE ever told me that these forms exist!!!!! I've been told to goto the police station and write out and sign complaints... but never before have I been told that I could take him back to court.

I thank you for your help!!!!!

 

[CourtClerk]

I have the forms saved and will get them printed, filled out and filed first thing tomorrow morning.

I find it totally frustrating that over these past three years I've had to push this case forward myself - when in reality the courts should be doing it. At the same time I am grateful that I'm not afraid to ask for help... because see what happens!!??

AT NO TIME has ANYONE ever told me that these forms exist!!!!! I've been told to goto the police station and write out and sign complaints... but never before have I been told that I could take him back to court.

I thank you for your help!!!!!

While I can appreciate your frustration with what's going on and I'm glad to help when I can, with all due respect, as a court employee, it's not the courts job (IMO) to push YOUR case along. That's your job. There aren't enough hours in the day to personally work each person's case to the point where everyone is happy. Question: in the last 2 weeks, have you gone to the courthouse to find out what you can do? Have you called into the courtroom, spoke to the judge's clerk, explained the situation and asked what you can do? Have you contacted an attorney? A DV clinic? Have you gone to the family law facilitator's office to ask for help? Have you visited a self help clinic if you can't afford private counsel? Law schools in your area? Sure, you want the answers, but have you asked the right questions? There are people that are in my courthouse on such a regular basis that I know them by face and sometimes by name and it's gotten to the point where I should be inviting them to Thanksgiving Dinner. They will beat down the door to the the information and the results they want. Unfortunately the courts are so busy that that's basically what you HAVE to do to get anything done.

 

[yolandanewell]

I used the wrong term...

I used the word 'courts' when in reality I needed to say Police. I've contacted them numerous times concerning this man violating the restraining order and, in fact, my ex husband has at the time confronted ADMITTED to violating the order. Their answer to this is to tell him to "go home" or to leave him a voice mail on his cell phone.

He drug me through hearing after hearing after hearing to do numerous things such as lower his support payments, change the location of exchange of our daughter, ask for custody of our daughter... so much so to the point where the judge told him that he didn't want to see him back in his courtroom unless he had damn good reason.

Although I totally agree with you in the fact that I have to keep on them and keep on them (which I do as much as possible)... however - the courts hours are the same hours that I have to be at work. Remember I am the SOLE PROVIDER for our child as he skirts around payments. For all of the time that I miss work - I miss income... he's never been ordered to pay that back to me, nor would he. So I'm in a catch 22 here.

I will, however, NOT allow these restraining order violations go without screaming from the hilltops.

He was convicted of violently assaulting me while holding our child... twice. The order is not in place for frivilous reasons. I feel that the MPD has devalued my fears by allowing this to continue. An officer told me point blank "I don't want to hear that message there is nothing we can do". You want to talk about my jaw dropping!!!! I asked her in return if someone that has a restraining order against them is at will able to "call me and threaten to hack my head off with a knife"? She STILL REFUSED to hear the call.

I feel that my ex husband has grown more and more confident that irregardless of what he does, there are no consequences.

I didn't mean to attack the "courts"... sorry about that... I am definetly schooled in how much effort and time it takes to insist that I'm listened to...

Thank you!!! AGAIN!!!

 

[yolandanewell]

Question for COURTCLERK

Good morning:
I'm preparing to go and file those documents. I do have a question though. The 410 has questions pertaining to failure to comply in terms of child support. Do I stick with the one issue of restraining order violation or do I also include the failure to comply with the judgment from the divorce on other topics such as:

1. Failure to provide employer information
2. Failure to provide physical address upon notification of moving outside of the county (he sent me a certified letter stating that he is moving to Atwater yet failed to provide a physical address... this coupled with his threats of taking our daughter leaves me uneasy)
3. Failure to pay support as ordered and outlined in the judgment
4. Failure to pay 1/2 daycare costs as outlined in the judgment

Thank you in advance for your help

 

[LdiJ]

Good morning:
I'm preparing to go and file those documents. I do have a question though. The 410 has questions pertaining to failure to comply in terms of child support. Do I stick with the one issue of restraining order violation or do I also include the failure to comply with the judgment from the divorce on other topics such as:

1. Failure to provide employer information
2. Failure to provide physical address upon notification of moving outside of the county (he sent me a certified letter stating that he is moving to Atwater yet failed to provide a physical address... this coupled with his threats of taking our daughter leaves me uneasy)
3. Failure to pay support as ordered and outlined in the judgment
4. Failure to pay 1/2 daycare costs as outlined in the judgment

Thank you in advance for your help

You could throw the other things in, but they might distract from the seriousness of the violations of the restraining order. However I would include the failure to give you an address. The CSE is already helping you with the child support issues.

 

[yolandanewell]

Thank you!

I believe that is what I will do... I want to address the serious issues first and you're very correct in that the DA is helping to collect the support... I believe that a visit in front of a judge will reign this man back into reality...

Appreciate it!!!!!

 

[yolandanewell]

Infuriating!!!!

Not ONLY did the police department NOT enforce this restraining order at the time of violation - I HAVE TO PAY $40 TO FILE THE PAPERWORK TO TELL THE JUDGE THAT THE ORDER HAS BEEN VIOLATED.

Hearing date - THIRTY DAYS AWAY.

 

[CdwJava]

My ex-husband has now violated the restraining order set in place post a conviction of domestic violence THREE TIMES IN TWO WEEKS.

Incident 1: Showed up at the home of our three year old daughter and I at 7:50 am on the 4th of July and parked in front of the house repeatedly honking his horn, bringing neighbors out of their beds. I phoned the police - they told me that he admitted that he knew he was NOT supposed to be here at that particular time (he is only allowed to be here for pick up and drop off of our child) and that he was told to go home.

Incident 2: At drop off of our daughter he exited his vehicle and tried to carry her into my home (Order states that he MAY NOT EXIT HIS VEHICLE AT ANY TIME NEAR MY HOME). Police never showed.

Incident 3: (the most terrifying one) He left me a voice mail on my cell phone stating that he was going to come back and "hack someones head off with a knife" and proceeded to laugh and say"just kidding" then rambled on about the arrangements for visitation for that week and finished it off with some garbled speak about nuclear arms and how they blow things up. Upon recieving this message I immediately contacted our local police department. The sergeant stated that he would be over to record the message. He never showed. I physically took the phone TO THE STATION where I was shunned and told that they werent interested in hearing it and that the sergeant had taken the report and he'd handle it. The sergeant phoned back Friday night to say he'd be over, again, to record the message... he's never shown.

Sounds like you might want to speak to someone in charge at the police department - apparently someone above the rank of sergeant, and someone who has actually read the penal code and the liability issues involved if they fail to adhere to the law concerning DV. A violation of a DV related TRO is the only law that comes to mind where the police are lawfully required to make an arrest when they have established probable cause (pursuant to PC 273.6 and PC 836).

In the meantime the exhusband has threatened to take our child and has sent me a certified letter stating that he is moving to a town 45 minutes away, minus a physical address.

He refuses to pay child support (totally unrelated to the domestic violence however my questions to him about receiving payment spurs his violent outbursts. I've contacted the local DA and have gotten them involved in the interception of his wages which will take months - however now with his relocation and my not having a residential address - this will further delay the reciept of support for our daughter.

These are civil matters and not issues for the police.

Why on earth would the police department NOT HELP US???????

Beats the heck out of me! Unless the order is NOT a DV TRO. Is this order part of a custody order? Is it a civil harassment order? or is this an actual "domestic violence" restraining order?

It makes a HUGE difference in the response required by police.

- Carl

 

[CdwJava]

For reference ...

836 (c) (1) When a peace officer is responding to a call alleging a
violation of a domestic violence protective or restraining order
issued under Section 527.6 of the Code of Civil Procedure, the Family
Code, Section 136.2, 646.91, or paragraph (2) of subdivision (a) of
Section 1203.097 of this code, Section 213.5 or 15657.03 of the
Welfare and Institutions Code, or of a domestic violence protective
or restraining order issued by the court of another state, tribe, or
territory and the peace officer has probable cause to believe that
the person against whom the order is issued has notice of the order
and has committed an act in violation of the order, the officer
shall, consistent with subdivision (b) of Section 13701, make a
lawful arrest of the person without a warrant and take that person
into custody whether or not the violation occurred in the presence of
the arresting officer. The officer shall, as soon as possible after
the arrest, confirm with the appropriate authorities or the Domestic
Violence Protection Order Registry maintained pursuant to Section
6380 of the Family Code that a true copy of the protective order has
been registered, unless the victim provides the officer with a copy
of the protective order.

If the agency is not following this law, then they need to have som serious re-training and their risk management folks need to come in and beat some heads together!

In addition, you might want to mention to someone at the police department that the 9th Circuit Court of Appeals held Sonoma County liable for failing to protect Maria Macias in 1996. After numerous domestic violence complaints she was murdered by her estranged husband. In July of 2000 the 9th Circuit rules tha Sonoma County COULD be held to account for their failure to follow proper procedures and the victim's estate could go forward with a 15 million dollar lawsuit. The county opted, instead, to settle out of court. While there were issues that would have probably resulted in the county's eventual victory, they chose not to litigate further and settled. This left us with that decision, and until it is challenged, the decision stands ... while narrow (for that oen case) it stands a precedent that ALL departments need to take ntoe of.

The decision can be found here (just remove the "url" tags and brackets at either end):

http://www.ce9.uscourts.gov/web/newopinions.nsf/4bc2cbe0ce5be94e88256927007a37b9/58f4c2c47ae5a9f988256927007a74a5?OpenDocument

- Carl

 

[yolandanewell]

Carl - THANK YOU!

You are a dictionery of help and I thank you.

The RO is form CR-10 and under the "PROTECTIVE ORDER IN CRIMINAL PROCEEDING (CLETS)" The two boxes marked "order post trial probation condition" and "domestic violence case (pen code 13700)" are marked.

This is most definetly a person that has no rights to be doing what he's been doing. And quite frankly (I'm a HUGE supportive person of the MPD normally) I'm very afraid that my protective order isn't worth the paper it's written on as far as the police here are concerned.

I've filed the documents, as I've stated above, and am going to be able to pick them up on Weds. The sergeant never has returned the call that I left him yesterday in reference to why no one would listen to the voice mail.

What has spurred the ex husband to begin again is the fact that I've recently lost my job. This has nothing to do with anything else outside of the fact that in the midst of trying to save my daughters and my home - trying to find work - this has now become my responsibility to do the foot work to make triple sure that she and I don't get our heads hacked off with a knife and that she doesn't just disappear one day. He knows perfectly well that he can harass me and push the limits of this order quite simply because nothing will happen legally to him.

I've asked the police officers at the station as well as the court clerks - "what is it going to take to get someone to help us".... both acted as if I were asking a stupid question and had not much more than a shrug of a shoulder to give me as an answer.

One of the forms provided a space for me to name all of the violations he's committed. I've chosen to just do as I was advised to do here and only named the RO violations as well as the violation that he is not revealing where he is moving to. Our daughter goes with him every Weds (that is a day and 1/2 away from now) and alternate weekends (this will be his weekend). He's been telling me since my loss of employment that he will be taking Kalea "with him".

This person is VERY capable of harming the both of us, he has proven that already.

Rambling now... I will consider making those calls tomorrow to whomever I need to contact. The sad thing is is that Im a highly active community member that writes positive and encouraging articles about our department here - to have this happen is very very sad for me. I'm afraid of losing my positive relationships with the Police Department should I start yelling about this issue. Quite honestly I'm afraid that since they ALREADY turn their cheek to what my ex husband is doing... I can only IMAGINE what would happen if I began to complain about the services provided.

Thank you for listening and VERY MUCH for the information

 

[yolandanewell]

Oh and Carl...

When the officers responded the the July 4th call... they told me that he was parked around the corner and had admitted that he KNEW he was violating the order. I ALWAYS have a copy of the order with me at all times... so I showed it to them on site as well.

He was told to go home. Then the call about hacking someones head off with the knife came in. I expressed my concern all three times I've tried to get someone to hear it that the only thing done was the sergeant called my ex and left him a voice mail - the sergeant himself said he would classify the call as an 'annoying phone call'... the order CLEARLY STATES that he must not annoy, harass, strike, treaten, sexually assault, batter, stalk ..... etc....

BOTH police reports state very clearly that he was 'harassing' me and 'threatening' me.

I just don't get it.

 

[CdwJava]

You are a dictionery of help and I thank you.

You're welcome. I only wish I knew the department where you are having trouble with ... what county might you be in? I might know someone who can help?

The RO is form CR-10 and under the "PROTECTIVE ORDER IN CRIMINAL PROCEEDING (CLETS)" The two boxes marked "order post trial probation condition" and "domestic violence case (pen code 13700)" are marked.

This would seem to indicate that it meets the requirements to trigger a criminal violation of PC 273.6, and to justify an arrest pursuant to PC 836.

What was the time delay between the crimes and the call to the police? if the call is "cold", they may not be comfortable making an arrest for the misdemeanor offense if it is a couple hours old. That MIGHT explain the lack of an arrest.

Have you asked if a report for PC 273.6 (and any related offenses) has been forwarded to the DA for review and a request for charges?

I've filed the documents, as I've stated above, and am going to be able to pick them up on Weds. The sergeant never has returned the call that I left him yesterday in reference to why no one would listen to the voice mail.

Forget the sergeant - it's time to take it to a lieutenant or higher! These guys could well be opening themselves up to HUGE liability if they fail to take action.

However, please note the time delay issue I mention above ... THAT would explain the lack of an arrest.

I've asked the police officers at the station as well as the court clerks - "what is it going to take to get someone to help us".... both acted as if I were asking a stupid question and had not much more than a shrug of a shoulder to give me as an answer.

Your county may well have a DV support organization (private or county funded) - take a look.

Also, check with the county's victim-witness program liaison. If you were the victim of domestic violence, or if a report was taken for certain other violent acts, you may be eligible for services through that agency. If nothing else, they likely know who you might turn to for further aid.


- Carl

 

[CourtClerk]

Good morning:
I'm preparing to go and file those documents. I do have a question though. The 410 has questions pertaining to failure to comply in terms of child support. Do I stick with the one issue of restraining order violation or do I also include the failure to comply with the judgment from the divorce on other topics such as:

1. Failure to provide employer information
2. Failure to provide physical address upon notification of moving outside of the county (he sent me a certified letter stating that he is moving to Atwater yet failed to provide a physical address... this coupled with his threats of taking our daughter leaves me uneasy)
3. Failure to pay support as ordered and outlined in the judgment
4. Failure to pay 1/2 daycare costs as outlined in the judgment

Thank you in advance for your help

Sorry hun, I had already left for work when you wrote this. I often leave my computer on so it looks like I'm always online...

However, I would have included on there ALL the violations of the court's order so that the judge can deal with them in one fail swoop. If the judge ordered your ex to provide address information to YOU, CSSD is not going to help you because they are barred by law from disclosing that information (provided that you turned the order over to them for enforcement). This is why you should have brought that up. Sure, CSSD will find him, but they won't tell you where he is...LOL That form itself is used generally for all issues related to DV and custody/support issues. Besides, listing all of the issues where he is directly violating the courts order shows the judge he has a blatant disregard. Sure, the big issue is the harrassment and you want that stopped, but he has a pattern and you needed to be able to bring that up.

At the OSC hearing, you will only be able to discuss what is included on that form. If you find he is being an ass some more, you will need to file another. Look into fee waivers, you may qualify depending on your financial situation.