Restraining Order

[HayIsForHorses]

What is the name of your state (only U.S. law)? CA

I know you hate these "my friend" kind of posts, but my friend was arrested for domestic violence as she scratched her husband while trying to stop him from manhandling their son (he left bruises on the child that were not photographed or investigated by the police for some unexplainable reason).

He has threatened to file a restraining order against her, but hasn't yet.

She is fearful for herself and her children but was told she cannot file a restraining order against him at this time because she was labeled as the aggressor due to her arrest.

Is this true?!?! I'm in desperate need of some advice. Multiple attorneys have given conflicting info.

Any advice would be much appreciated.

 

[single317dad]

What is the name of your state (only U.S. law)? CA

I know you hate these "my friend" kind of posts, but my friend was arrested for domestic violence as she scratched her husband while trying to stop him from manhandling their son (he left bruises on the child that were not photographed or investigated by the police for some unexplainable reason).

He has threatened to file a restraining order against her, but hasn't yet.

She is fearful for herself and her children but was told she cannot file a restraining order against him at this time because she was labeled as the aggressor due to her arrest.

Is this true?!?! I'm in desperate need of some advice. Multiple attorneys have given conflicting info.

Any advice would be much appreciated.

In general, citizens are free to file petitions and motions as they desire and can afford with a court of law. Whether those petitions and motions will be granted and court orders issued is another story. Only a judge can determine whether the evidence presented warrants a protective order for Mom and the kids, but the local attorneys you have spoken with will have a far better notion than I do of whether that could happen.

 

[stealth2]

Why are *you* "desperate"?

 

[cyjeff]

Odds are, the lawyers think the judge will see a restraining order at this time by mom as a purely retaliatory measure.

 

[CdwJava]

What is the name of your state (only U.S. law)? CA

I know you hate these "my friend" kind of posts, but my friend was arrested for domestic violence as she scratched her husband while trying to stop him from manhandling their son (he left bruises on the child that were not photographed or investigated by the police for some unexplainable reason).

He has threatened to file a restraining order against her, but hasn't yet.

She is fearful for herself and her children but was told she cannot file a restraining order against him at this time because she was labeled as the aggressor due to her arrest.

Is this true?!?! I'm in desperate need of some advice. Multiple attorneys have given conflicting info.

Any advice would be much appreciated.

As Singledad mentioned, she is free to petition the court for a restraining order. Chances are the court will not issue it, but, maybe.

Depending on what specific offense she was charged with, SHE may be subject to a criminal protective order pre-trial or post conviction ... if she is convicted.