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Restraining order and custody order

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torimac

Member
What is the name of your state (CA)?
I have a restraining order against my ex. It was filed in 2006 and renewed in 2008. This is filed in CA. It expires in Feb, 2011.

The restraining order also addresses custody. I was given full legal and physical custody with no visitation for the father.

I have since moved to TX. The court case has not yet moved. I am currently dealing with a contempt of court issue in CA for slightly over a year. I am hoping the final court hearing is in March.

What happens when the RO expires? I am not sure that I could get a new one as he has not threatened me. He has followed the restraining order. However, the same issues remain: his mental state, lack of mental medical help and counseling and his hostility towards me.

His daughter was quite frightened of him due to the violence that led to the restraining order. Two years of counseling and she is now regaining her confidence and self confidence that was damaged during that time. She has been told that he has health issues and she may be able to visit him once those issues are addressed and the courts allows visitation.

I am just wondering if I should file anything? He has not yet addressed his mental illness and followed any of the recommendations of the court.What is the name of your state (only U.S. law)?
 


majomom1

Senior Member
What is the name of your state (CA)?
I have a restraining order against my ex. It was filed in 2006 and renewed in 2008. This is filed in CA. It expires in Feb, 2011.

The restraining order also addresses custody. I was given full legal and physical custody with no visitation for the father.

I have since moved to TX. The court case has not yet moved. I am currently dealing with a contempt of court issue in CA for slightly over a year. I am hoping the final court hearing is in March.

What happens when the RO expires? I am not sure that I could get a new one as he has not threatened me. He has followed the restraining order. However, the same issues remain: his mental state, lack of mental medical help and counseling and his hostility towards me.

His daughter was quite frightened of him due to the violence that led to the restraining order. Two years of counseling and she is now regaining her confidence and self confidence that was damaged during that time. She has been told that he has health issues and she may be able to visit him once those issues are addressed and the courts allows visitation.

I am just wondering if I should file anything? He has not yet addressed his mental illness and followed any of the recommendations of the court.What is the name of your state (only U.S. law)?

If you have sole legal & physical custody, what is the contempt for?
 

Just Blue

Senior Member
What is the name of your state (CA)?
I have a restraining order against my ex. It was filed in 2006 and renewed in 2008. This is filed in CA. It expires in Feb, 2011.

The restraining order also addresses custody. I was given full legal and physical custody with no visitation for the father.

I have since moved to TX. The court case has not yet moved. I am currently dealing with a contempt of court issue in CA for slightly over a year. I am hoping the final court hearing is in March.What happens when the RO expires? I am not sure that I could get a new one as he has not threatened me. He has followed the restraining order. However, the same issues remain: his mental state, lack of mental medical help and counseling and his hostility towards me.
His daughter was quite frightened of him due to the violence that led to the restraining order. Two years of counseling and she is now regaining her confidence and self confidence that was damaged during that time. She has been told that he has health issues and she may be able to visit him once those issues are addressed and the courts allows visitation.

I am just wondering if I should file anything? He has not yet addressed his mental illness and followed any of the recommendations of the court.What is the name of your state (only U.S. law)?
Please explain the following:

What is the COC for?

How are you aware of his CURRENT mental health if he has not violated the RO? He hasn't contacted you...So HOW are you aware of his CURRENT "feelings" for you???:confused:
 

torimac

Member
The contempt is for non-payment of child support. He is about $34k behind. Yes, he has a job.

He was to inform the courts if he sought treatment for his mental illness. He has been hospitalized for his illness, but did not seek further treatment or did not file this treatment with the court.

I know of his hostility because of his comments on public forums and to mutual friends. We still have quite a few mutual friends.

The history (thread is locked or I would have posted there):

https://forum.freeadvice.com/divorce-separation-annulment-36/understanding-contempt-489024.html
 
Last edited:

torimac

Member
So, am I right in assuming that if I file nothing, the current orders stand even though the RO expires?

Also, as of January, I will be a resident of Texas. I have not put in a change of venue because of the contempt case. I have been told that I should not do so until the contempt case is completed. This will hopefully happen in March 2011. If anything is filed in CA regarding custody, can I request it be dismissed, even if I have not put in a change of venue? I live in TX, ex lives in NV. Case is only still in CA due to contempt charge.
 

LdiJ

Senior Member
So, am I right in assuming that if I file nothing, the current orders stand even though the RO expires?

Also, as of January, I will be a resident of Texas. I have not put in a change of venue because of the contempt case. I have been told that I should not do so until the contempt case is completed. This will hopefully happen in March 2011. If anything is filed in CA regarding custody, can I request it be dismissed, even if I have not put in a change of venue? I live in TX, ex lives in NV. Case is only still in CA due to contempt charge.

Yes, you can request that it be dismissed as neither party lives in CA any longer.
 

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