Restraining Order

[KJWalls]

Residence of California.
I have filed a restraining order against my husband yesterday 11-30-00 for just myself not the kids. We have a domestice violence past and this past Sunday he left a couple of threatening messages on my voicemail which led me to filing the order. However, the order states "no visitation until after the hearing". I am afraid if he cannot see the kids it will put me in real danger more severe then before. Who's to say he can't have someone else do something to me? What should I do? Go back to the court and get the papers amended or? I know for sure he would not hurt the boys. He just hates me tremendously. My intentions were not to prevent him from being with our boys just to protect me. I am having thoughts of just not serving him, but should something happen later I won't be protected and if I try to file another order at that time chances are it could be denied. Also, can I get in any trouble if I decide not to serve him. He is not a perfect husband, but father he does okay. Kind of a Catch 22 situation here...

 

[I AM ALWAYS LIABLE]

Residence of California.
I have filed a restraining order against my husband yesterday 11-30-00 for just myself not the kids. We have a domestice violence past and this past Sunday he left a couple of threatening messages on my voicemail which led me to filing the order. However, the order states "no visitation until after the hearing". I am afraid if he cannot see the kids it will put me in real danger more severe then before. Who's to say he can't have someone else do something to me? What should I do? Go back to the court and get the papers amended or? I know for sure he would not hurt the boys. He just hates me tremendously. My intentions were not to prevent him from being with our boys just to protect me. I am having thoughts of just not serving him, but should something happen later I won't be protected and if I try to file another order at that time chances are it could be denied. Also, can I get in any trouble if I decide not to serve him. He is not a perfect husband, but father he does okay. Kind of a Catch 22 situation here...

My response:

There is no such thing as a "Foolproof" TRO, or guarantee against future violence during the TRO period. Any person so restrained can violate the TRO and do you harm - - unless you have the Marines guarding you 24 / 7.

So, if you're in fear, you need to serve the TRO - - just remember that you need to have someone else serve him that is over 18 years of age. You cannot serve him yourself, and the Proof of Service must be filled out, dated and signed, and filed with the court. You should have the Sheriff's office serve him - - that's the safest method, and he'll know you mean business when a Uniform comes knocking for him.

IAAL