La Mesa, CA asked in Family Law and Domestic Violence for California

Q: What are the charges for texting someone while on a TRO?

I am on a TRO given by my wife, The hearing is still coming. I texted her "I miss you" last week and didn't get any response. We are recently separated and she filed a restraining order on me. The hearing is next month. In the meantime a sherriff called me and wanted to talk to me in person about it. Can I get arrested for texting a non violent text while on TRO? Please response.

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2 Lawyer Answers
Dan Moseley
Dan Moseley
Answered
  • Domestic Violence Lawyer
  • Fresno, CA
  • Licensed in California

A: A TRO typically orders the restrained party to have no contact of any kind with the protected party, but occasionally it will permit peaceful contact. If yours does not permit peaceful contact, then ANY contact by the restrained party is a violation and is prosecutable.

James R. Dickinson
James R. Dickinson
Answered
  • Domestic Violence Lawyer
  • San Bernardino, CA
  • Licensed in California

A: If you violated the court's order, yes, you could have a criminal case. It sounds like you need to hire an attorney to advise you and run interference with law enforcement [as well as speak with the district attorney to avoid charges being filed, if possible]. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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