Legal Question in Criminal Law in California

I have a restranning order and I do respect what the judge said in the order. But do I also have rights if there are during things to provoc me and tell them things then I'm the one getting in trouble. In the order they just put my name, but from what I have understood my family still enjoy there outside activists.

Asked on 8/08/13, 9:57 am

2 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

As in most restraining orders, you are the sole subject of the restraining order. It does not limit what your family can say or do. So you must abide by the order and they can do whatever they want. If the restraining order says that you are to stay a certain distance from family members, when you see them you must turn around and go the other way. If the order says that you are not allowed to speak to family members and they call you, you must hang up. If you are not allowed to email or text family members you must not reply to their emails or texts.

I would suggest that if they are intentionally provoking you that you keep records and that you photograph them if they come near you. This will protect you and you can show them to the judge.

Read more
Answered on 8/08/13, 4:23 pm


Just to add to the preivious answer, your restraining order also retricts you from contacing the protected person through someone else. So, even though your family doesn't have a restraining order you couldn't have them make contact or act on your behalf.

Read more
Answered on 8/09/13, 7:23 am

Related Questions & Answers

More Criminal Law questions and answers in California