Atlanta, GA asked in Criminal Law for California

Q: Can a judge issue a Rest. Order beyond the initial 5yr Limit without any new contact or request from the Protctd person?

My brother had a 5 year restraining order against him in May 2013 in California. From May - July 2013 he had non-negative mutual contact with the protected party, his fiance. He refused to get back together with her and she reported their contact to the sheriff and a warrant was issued for violating the restraining order.

My Brother was pulled over a week later and was charged with felony evasion violating a restraining order because he didn't immediately stop for the officer. He posted bond, left the state and was pulled over for a expired registration in Georgia 8 years later. The warrants from California came up in the system and they extradited him to California. He plead guilty to evasion and violating the RO.

The Judge imposed a 3 year probation and issued another 5 year restraining order without any input from the protected party.

My Brother hadn't had any contact with his ex since the summer of 2013. Is the Judges new 5 year restraining order lawful?

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1 Lawyer Answer
Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: without more info, it is challenging to provide a competent answer.

this type of question would best be presented to his lawyer...who has all the info.

if police try to stop you and you don't stop, then whether you did something or not is probably not the issue.

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