does a restraining order not apply in the courthouse?

[stary7777]

What is the name of your state? california

Hi, I was in a court hearing seeking a restraining order against a former coworker that had assaulted me twice. a temporary restraining order was in effect. As we left the courtroom he was clearly pissed.he walked out first and I followed maybe 10 feet behind. when he pushed the door open he acted like he was going to keep going but then suddenly spun around and caught the door as if he was being nice. so in a split second he went from 10 feet in front to suddenly in my face and says "your fu**ing done" It happened fast and I thought he was going to stab me. So I attacked him but never hitting him to get him away from me. Then stopped. Now I am being charged with assault. My Question is even though it was a temp. restraining order in effect does it not apply in the courthouse? Also in the restraining order it says that it must be enforced. The security asked what happend. I told them and they just sent us both home. who is supposed to enforce the restraining order? It was after they reviewed the video I was charged. Thank you.

the temp order says to stay 100 yards away.

 

[PayrollHRGuy]

The guy of course has the right to be in court to defend himself.

 

[quincy]

What is the name of your state? california

Hi, I was in a court hearing seeking a restraining order against a former coworker that had assaulted me twice. a temporary restraining order was in effect. As we left the courtroom he was clearly pissed.he walked out first and I followed maybe 10 feet behind. when he pushed the door open he acted like he was going to keep going but then suddenly spun around and caught the door as if he was being nice. so in a split second he went from 10 feet in front to suddenly in my face and says "your fu**ing done" It happened fast and I thought he was going to stab me. So I attacked him but never hitting him to get him away from me. Then stopped. Now I am being charged with assault. My Question is even though it was a temp. restraining order in effect does it not apply in the courthouse? Also in the restraining order it says that it must be enforced. The security asked what happend. I told them and they just sent us both home. who is supposed to enforce the restraining order? It was after they reviewed the video I was charged. Thank you.

the temp order says to stay 100 yards away.

You cannot assault the person restrained from being 100 feet from you. You were rightfully charged.

 

[PayrollHRGuy]

Wow. I stopped reading the OPs post to soon.

 

[quincy]

Wow. I stopped reading the OPs post to soon.

Are you saying there is a defense to the assault charge?

What stary7777 should have done is head back inside the courtroom until the restrained person was gone.

 

[Taxing Matters]

What is the name of your state? california
the temp order says to stay 100 yards away.

It depends on exactly what the order says, but in general the restrained person does have a right to be within the 100 yards of you while in court on legal matters between you. If that were not the case you'd get an unfair advantage in court because it would prevent him from being able to attend court to present his case.

In any event, even if he violated the order, that doesn't give you the right to assault the guy (if that is in fact what occurred) just because he was close to you and yelled at you. If you think you can make a case for self-defense, you can try that. I strongly recommend you get a criminal defense attorney to represent you on this.

 

[stary7777]

You cannot assault the person restrained from being 100 feet from you. You were rightfully charged.

He has assaulted me twice before once knocking me out then in the middle of a grocery store the employees pulled him off me. It's not that he was within 100 feet. It's that he clearly made the effort to get close and then threaten me. There was a reason I was seeking a restraining order.

 

[LdiJ]

He has assaulted me twice before once knocking me out then in the middle of a grocery store the employees pulled him off me. It's not that he was within 100 feet. It's that he clearly made the effort to get close and then threaten me. There was a reason I was seeking a restraining order.

Yes, but instead of retreating you attacked him...and were charged once the video was viewed. Had you retreated and reported him potentially violating the restraining order you would not be in this situation now.

 

[quincy]

What is the name of your state? california
... I followed maybe 10 feet behind ... So I attacked him ... It was after they reviewed the video I was charged ...

What I quoted above is a problem for you, stary7777. You essentially were the one who created the distance and your actions were recorded.

Here is a link to the law you are said to have violated:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=240
Assault is a misdemeanor crime subject to 6 months in jail, fines, anger management classes and community service hours.

You should have an attorney help you with your defense.

Good luck.

 

[stary7777]

It depends on exactly what the order says, but in general the restrained person does have a right to be within the 100 yards of you while in court on legal matters between you. If that were not the case you'd get an unfair advantage in court because it would prevent him from being able to attend court to present his case.

In any event, even if he violated the order, that doesn't give you the right to assault the guy (if that is in fact what occurred) just because he was close to you and yelled at you. If you think you can make a case for self-defense, you can try that. I strongly recommend you get a criminal defense attorney to represent you on this.

Thank you, I understand him having to be in court also, as long as he kept a distance. when he did get close to to me I felt very threatened. my intent wasn't to assault but to get him away. I never wanted to fight this person. He has been trying to bully me for over a year. It's been frustrating and humiliating. thanks again I will get an attorney

 

[stary7777]

Yes, but instead of retreating you attacked him...and were charged once the video was viewed. Had you retreated and reported him potentially violating the restraining order you would not be in this situation now.

I guess I didn't know that I was supposed to retreat. I was defending myself although I attacked I felt very threatened I really thought he was going to attack. As he done before. I will seek an attorney. Thanks

 

[Shadowbunny]

I guess I didn't know that I was supposed to retreat. I was defending myself although I attacked I felt very threatened I really thought he was going to attack. As he done before. I will seek an attorney. Thanks

WHY in the world were you so close to him? You created the closeness, then you attacked him. I don't see that you have ANY defense to this.

 

[CdwJava]

What is the name of your state? california

Hi, I was in a court hearing seeking a restraining order against a former coworker that had assaulted me twice. a temporary restraining order was in effect. As we left the courtroom he was clearly pissed.he walked out first and I followed maybe 10 feet behind. when he pushed the door open he acted like he was going to keep going but then suddenly spun around and caught the door as if he was being nice. so in a split second he went from 10 feet in front to suddenly in my face and says "your fu**ing done" It happened fast and I thought he was going to stab me. So I attacked him but never hitting him to get him away from me. Then stopped. Now I am being charged with assault. My Question is even though it was a temp. restraining order in effect does it not apply in the courthouse? Also in the restraining order it says that it must be enforced. The security asked what happend. I told them and they just sent us both home. who is supposed to enforce the restraining order? It was after they reviewed the video I was charged. Thank you.

the temp order says to stay 100 yards away.

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, even if he violated the order (a misdemeanor), your battery is also a misdemeanor. If you were not arrested or cited for the assault and/or battery, then it was likely because your "victim" opted not to pursue a citizen's arrest. Though, if you never pushed, shoved, struck, etc., the other party, then that would explain why you were not arrested or cited, either.

You are free to report the violation of the TRO to the appropriate law enforcement agency.

 

[quincy]

... If you were not arrested or cited for the assault and/or battery, then it was likely because your "victim" opted not to pursue a citizen's arrest. Though, if you never pushed, shoved, struck, etc., the other party, then that would explain why you were not arrested or cited, either.

You are free to report the violation of the TRO to the appropriate law enforcement agency.

stary7777 was charged with assault.

 

[CdwJava]

stary7777 was charged with assault.

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)). However, it is highly unlikely that stary7777 will be charged with PC 240 (essentially an ATTEMPTED battery, and an offense that I have never seen charged as a sole offense in my 28 years), but instead PC 242 (battery). I suspect when he stated he never "hit" him, he meant that he didn't punch him. But, pushing, shoving, etc., are all part of the offense of PC 242.