Legal Question in Criminal Law in California

My husband was arrested for domestic violence and is in jail waiting for his court date next Tuesday. I filed a restraining order against him today, and it will not be seen by the judge until Monday. I filed the order because it is part of the process. I am not afraid of my husband coming to harm me. We had a fight, it got way out of control, and I need to call the police.

In the meantime, am I allowed to go to the jail to visit him? Or am I just automatically not allowed because I am the victim? Or am I not allowed because I filed a restraining order? Thank you.

Asked on 6/14/13, 9:46 pm

2 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro
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You can go to the jail but he cannot come out to see you. A restraining order does not limit your actions, only his. Thus if it says he cannot come within 100 yards of you, for example, he can not come within a 100 yards of you.

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Answered on 6/14/13, 11:51 pm
Kelvin Green The Law Office of Kelvin Green
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I will disagree that the restraining order I part of the process... If he gets out of jail and you want him to come home, you will probably need to remove mentioned the restraining order effects his action but if the order exists, he will be wise to stay away. You tell him it's ok and then he is there, he can still be violating. You need an attorney to help you through this

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Answered on 6/15/13, 9:07 am

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