Rancho Cordova, CA asked in Family Law, Child Custody and Child Support for California

Q: In RO, judge says wait to collect money at hearing, husband wants to pay it before can he do that?will I get in trouble?

A restraining order for Domestic Violence. The temp order was granted , but the debt payment I requested for my tax return the judge says to wait til the hearing. Husband wants to give the money over now. Can I get in trouble for taking money against judges wishes?

2 Lawyer Answers

A: I am guessing at some of this since I am not privy to the actual orders, but I am assuming that you asked, as part of your application for the TRO, that a tax refund be turned over to you. The judge probably indicated that he/she was not going to grant you that request on an emergency basis but would take that issue up at the initial hearing date on the TRO.

If all that is true and the other side is willing to pay that money now, I do not believe the Judge would have any problem with that. It's just one less issue he/she will have to decide.

A: You should not do anything to invite a violation of the RO, nor should the restrained party violate by making contact with you, even to "pay early". If attorneys are involved, they can faciliate the payment , but otherwise, its best to follow court orders.

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