Kelseyville, CA asked in Domestic Violence for California

Q: Under the stay away order if judge marks the vehicle and the restrained person comes and takes is this legal?

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1 Lawyer Answer
Matthew Lee Spiegel
Matthew Lee Spiegel
  • Domestic Violence Lawyer
  • San Diego, CA
  • Licensed in California

A: If a judge has specifically indicated as part of a stay away order that the restrained person is to stay away from a particular vehicle, then it would certainly be a violation of that order if that person does come and take the vehicle. Usually these orders are designed to protect a person but there are instances where the judge wants to also protect the property of a particular person from destruction or damage. If this has happened to you you should contact law enforcement to make them aware of the situation and possible violation.

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