Legal Question in Criminal Law in California

My ex was convicted of child abuse and recently lost her appeal. She's has a protective order against her for one of her oldest son. She recently threaten my children with not being able to see me because they told me about a violent incident that happened at her house. She also threaten them with having me thrown in jail if they keep talking to me. Shes tried in the past to get me in trouble with the law. Can I get a restraining order against her??

Asked on 10/24/19, 1:45 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Anyone can request one, if they know how, or can figure out how, to do so in the court system.

Restraining Orders require at least some credible evidence and proof of the accusations being made in the Pleadings. Remember, this other party is "innocent until proven guilty". The Party being charged has the right to defend, deny and 'counter accuse' in their Pleadings and at the Court Hearing. You should consult with a local attorney, experienced in divorce and custody, about what evidence, witnesses and documents you may have to support your accusations, to get an actual 'legal opinion' from him on the risk/reward analysis, and to have him represent you in this case, to maximize your chance of success at the Hearing.

You should consider having your Divorce attorney, if you had one. represent you in this RO case, and possibly aat the same time bring a child custody and visitation change request. Divorce attorneys frequently do these things, and Courts approve them on 'good cause'.

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Answered on 10/24/19, 2:59 pm

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