Los Angeles, CA asked in Family Law and Elder Law for California

Q: Should I file PC 273 and PC 166 at the same time?

I was granted an elder abuse restraining order the person that the restraining order was for was in the court and handed the restraining order by the bailiff there was a court order for her to return all my belongings she never returned nothing so I got this restraining order in family law Court should I file a PC 273 and a PC 166 in family Court where I received the restraining order and is there something else I need to do before filing the violation of a court order also is the restraining order proof enough that I could prove she was in court the day the restraining order was given to me I can prove that she knew of it I can prove that I mean it's all on the restraining order she also the reason this restraining order came up was because I've been living with my fiance for 11 years in his home and he went to the hospital she illegally locked me out and stole everything that I own so she had the means to give me back my stuff she got the house the car all my fiance's money

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1 Lawyer Answer
James L. Arrasmith
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  • Elder Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the information you provided, it seems that the person against whom you obtained an elder abuse restraining order has violated the order by not returning your belongings as required by the court. In this situation, you may consider the following steps:

1. PC 273.6: This is the penal code section for violating a restraining order in California. If the person has knowingly and willfully violated the restraining order, you can report the violation to the police and file a report. The police may then arrest the person and charge them under PC 273.6.

2. PC 166: This is the penal code section for contempt of court in California. If the person has willfully disobeyed a court order (in this case, the order to return your belongings), you can file a contempt of court action. This is typically done in the same court that issued the original order.

3. Proof of violation: The restraining order itself, along with any evidence you have that the person was aware of the order and failed to comply with it, should be sufficient to prove a violation. The fact that the person was present in court when the order was granted and that the bailiff handed the order to them is strong evidence that they were aware of the order.

4. Family Court: Since the restraining order was granted in family court, you should file the violation and contempt of court actions in the same court.

5. Additional steps: Consider consulting with a local attorney who specializes in elder abuse and restraining order cases. They can provide more specific guidance based on the details of your case and help you navigate the legal process.

Remember that violating a restraining order and contempt of court are serious matters, and the court takes them seriously. Be sure to document any evidence of the violation and consult with legal professionals to ensure that you take the appropriate steps to protect your rights and interests.

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