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    1. CdwJava

      Court order

      At 14 she is not old enough to choose unless the court permits her that option (and that is not all that common). The custody and visitation order MUST be followed or the party failing to comply can be sanctioned up to and including criminal charges. If you do not have an attorney to help you...
    2. CdwJava

      does a restraining order not apply in the courthouse?

      It sounds as if he made an issue out of it. I have never seen PC 240 filed as a sole offense. But, since it seems he has managed to manipulate you into this position, you should speak to a defense attorney ASAP. You might be able to leverage his actions immediately prior to your assault as...
    3. CdwJava

      does a restraining order not apply in the courthouse?

      Doesn't answer the how of it. Unless the victim of the battery wished to pursue the matter, it wouldn't likely go. Now, if they chose to pursue fighting in public (PC 415) that would be a different matter. I'm curious why it wasn't dealt with at the scene.
    4. CdwJava

      Court order

      What do you mean you have a court order for your daughter "to come home"? How old is your daughter? Are all the parties in California? I am assuming that you mean that your daughter is with her father and he is refusing to return her to you? If so, what do the custody and visitation orders...
    5. CdwJava

      does a restraining order not apply in the courthouse?

      Curious since he was sent home and so was the other party without arrest or citation. Unless the reports were written after the fact, forwarded to the DA, and the DA decided to charge him. If so, then it's possible that the other party will be charged with violating the TRO (PC 166(a))...
    6. CdwJava

      does a restraining order not apply in the courthouse?

      There is a generally accepted exclusion for the courthouse. After all, how can he defend himself if he is not present. However! If the order precludes any CONTACT, then you should have reported the statement to you. But, your physically assaulting him will not be excused by his words. So...
    7. CdwJava

      Filing a Police Report

      You DO understand the limitations of an anonymous report, don't you? I never said they would not act, only that their actions are limited as a matter of practicality and the law. As the guy who dealt with these issues directly for 15 years, I can say from firsthand knowledge that many...
    8. CdwJava

      Filing a Police Report

      A great many people think that if they report it, it will be handled. This is simply not the case. I can't tell you the number of times I have had to deal with that very issue. Sure, secret reporting it gives law enforcement a head's up, but these ANONYMOUS reports rarely give us anything we...
    9. CdwJava

      Filing a Police Report

      If you give information to the police, as has been mentioned, they can try to keep you out of it. But, except for a few rare instances, your name - and possibly your contact info - can be a matter of public record after time, or discoverable as part of a court proceeding. Keep in mind that...
    10. CdwJava

      Stepson stole my car after i loaned it to him

      Further, the vehicle couldn't be entered into NCIC's SVS as "stolen" unless or until there is a finding that the vehicle was embezzled (i.e. charges filed) if it was, indeed, loaned to the person now in possession of the vehicle. If the vehicle were still in the OP's name, it would be pretty...
    11. CdwJava

      Fired for complaining about working conditions in online forum

      That depends on their contract. In my state, 8 hours is the typical break for police, but when you count in commute and prep time for bed and waking up, the actual sleep time may be as little as 5 hours in many cases - provided they worked 16 hours before. Fire and EMS have some different sets...
    12. CdwJava

      Did police violate my rights

      Thanks for the link, Quincy. Though, "Sleeping" IS listed as one of the indicia of habitation in the vehicle under 86.0137(f)(4). However, the city may have challenges pursuant to the recent Martin v. Boise decision by the 9th. However, many cities in So. Cal. seem to be using some creative...
    13. CdwJava

      Did police violate my rights

      Can you point out the muni code section? Or, are they using some interpretation of unlawful camping on public property?
    14. CdwJava

      Did police violate my rights

      They could have been on the way to a call, or even under direction not to enforce lesser traffic offenses. Maybe on their way to lunch! Not sure what state you're in, but many agencies in CA discourage or outright prohibit patrol officers (not assigned to Traffic details) from performing...
    15. CdwJava

      Did police violate my rights

      He won't be able to do that now. At least, it will not be as easy to avoid putting a plate on it. I always like the people that have no front plate. That's a free fire zone for the police. I would identify local idjits who had their favorite football team, statement, or nothing on front, and...
    16. CdwJava

      Did police violate my rights

      Better than orange paper plates that say the dealer's name. Some people drive around in those for months. At least now, the lack of a metal or paper plate gives an officer clear lawful cause to stop the vehicle.
    17. CdwJava

      Did police violate my rights

      We have real dealer plates as well, but they are not left on sold cars, of course. So, when people like the OP say they had a car that still had "dealer plates" I take that to mean they had the paper plate promoting the dealer on them.
    18. CdwJava

      Did police violate my rights

      That depends. If the OP were transported from the scene and then issued the citation (either at the jail or the police department), more than likely, yes. If cited and released at the scene, then, no. In addition to the statutory authority (VC 22651(h)) a community caretaking exception must...
    19. CdwJava

      Did police violate my rights

      A lot. Unlicensed driver, vehicle unregistered more than 6 months, driver arrested, and a few other possibilities. Assuming there was lawful cause to tow the vehicle, a search pursuant to a pre-storage inventory is lawful. The OP should have been told the cause for the tow and may well have...
    20. CdwJava

      Did police violate my rights

      If you were in your vehicle on a commercial property and unresponsive, it is not unreasonable to assume that you were high or drunk. Opening the door to check on your condition tends to fall under the community caretaking and exigency exceptions to the 4th Amendment. If you got squirrelly...

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