Chula Vista, CA asked in Criminal Law for California

Q: My mom filed a restraining order against my dad. She then invites him back home months later. What are the consequences?

My mom filed a restraining order on my dad a year or two ago. The restraining order is still active, but my mom decided to let my dad come back after he promised her that he would change. Everything was okay for a couple of months, but he then begins to go back to his old ways with his gambling and drug addiction and harassing my mom. What are the consequences for calling his parole officer about his harassment as well as the consequences against my mom for letting him back in? And what if my dad doesn’t want to leave?

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Newport Beach, CA
  • Licensed in California

A: This happens a lot. H is in violation of the restraining order, even if W invites him back, and sometimes W invites H back so W can turn him in and get him in trouble. But in this case H wheedled his way back in the door because W was weak. There could be consequences for both of them, in essence, W is conspiring for H to violate a court order, which could be contempt of court. If H has a parole officer, maybe you should give him a reasonable time to get out with the promise to turn him in, because if he has a parole violation, he could end up a resident of the County Hotel.

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