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CalifChick -> RE: Advice on Bi State Restraining Orders (12/28/2008 9:37:53 AM)
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And that is why "internet advice" can be so... useless, I guess.
The preprinted info on my restraining order (court order) against my ex specifically states that I cannot void the order. It is NOT a two-way street. Here is the exact paragraph:
If the Protected Person Contacts the Restrained Person. Even if the protected person invites or consents to contact with the restrained person, the orders remain in effect and must be enforced. The protected person cannot be arrested for inviting or consenting to contact with the restrained person. The orders can be changed only by another court order. (Pen. Code Section 13710(b)).
By the way, for the person that said a temporary order is not enforceable outside of their own state, in California, temporary orders do follow the VAWA and ARE enforceable in other states, because the restrained person was served with the order. Here is the exact wording of that paragraph on my court order for the TRO (no emphasis added; the bold text is on the original):
Certificate of Compliance With VAWA. This temporary protective order meets all Full Faith and Credit requirements of the Violence Against Women Act, 18 USC Section 2265 (1994) (VAWA) upon notice of the restrained person. This court has jurisdiction over the parties and the subject matter; the restrained person has been or will be afforded notice and a timely opportunity to be heard as provided by the laws of this jurisdiction. This order is valid and entitled to enforcement in each jurisdiction throughout the 50 United States, the District of Columbia, all tribal lands, and all U.S. territories, commonwealths, and possessions and shall be enforced as if it were an order of that jurisdiction.
For whoever said someone would not be arrested for violating the order, under the section that says "Instructions for Law Enforcement" on my court order for the TRO and for the permanent order (permanent in my case being one year), it says this:
Arrest Required if Order is Violated. If an officer has probable cause to believe that the restrained person had notice of the order and has disobeyed the order, the officer must arrest the restrained person. (Penal Code sections 836(c)(1), 13701(b).) A violation of the order may be a violation of Penal Code section 166 or 273.6.
Cali
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