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Restraining Order Juristiction

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What is the name of your state? California

My husband and I are filing a restraining order on behalf of my SD-Against her mother. Both my husband and I will also be listed as protected persons

I have a few questions-On the form it asks why we are filing in this county court it gives 3 options; the restrained person lives in the county, I was attacked/harassed etc. in this county, the 3rd option is "other" where you can write your own reason. We want to file in the county we live in-the mother lives in another county and that is were the last incedent took place. Can we file in the county we live in or do we have to file in the county the mother lives in?

My next question is, my husband has sole physical, joint legal, mother has supervised visits (at a center) which she has never attended in 3 years. I want to make sure mother does not use restraining order as an excuse to everyone why she can't visit SD at supervised visit place. Do you think it would be acceptable to write in the restraining order that it will not affect previous supervised court ordered visitation-and we would also like to make it so she is legally able to contact us by mail- soley for issues regarding the child-since she still has joint legal custody wouldn't it be required we allow her some way to communicate with the father?
 


casa

Senior Member
DsmithAsmith said:
What is the name of your state? California

My husband and I are filing a restraining order on behalf of my SD-Against her mother. Both my husband and I will also be listed as protected persons

I have a few questions-On the form it asks why we are filing in this county court it gives 3 options; the restrained person lives in the county, I was attacked/harassed etc. in this county, the 3rd option is "other" where you can write your own reason. We want to file in the county we live in-the mother lives in another county and that is were the last incedent took place. Can we file in the county we live in or do we have to file in the county the mother lives in?

My next question is, my husband has sole physical, joint legal, mother has supervised visits (at a center) which she has never attended in 3 years. I want to make sure mother does not use restraining order as an excuse to everyone why she can't visit SD at supervised visit place. Do you think it would be acceptable to write in the restraining order that it will not affect previous supervised court ordered visitation-and we would also like to make it so she is legally able to contact us by mail- soley for issues regarding the child-since she still has joint legal custody wouldn't it be required we allow her some way to communicate with the father?

I think that's a wise decision- since then it's apparent you are not attempting to avoid the supervised visitation.

Under "Other" write: This is our county of residence.
 
Anyone elses experiance

Has anyone else ever gotten a restraining order as the CP? How did you work visitation/communication with the NCP? Although right now the NCP and my husband (CP) never communicate, (they have not spoken in at least 9 months) and the NCP never excersices her right for visitation I don't want the NCP to feel like she can't be involved; she just needs to do it in an appropriate way.

She makes little to no effort to see her daughter, and it breaks my heart to see my step-daughter hurt over it. However my SD therapist recommended we don't push the visitation issue with the BM because it is VERY unlikely she will actually visit on a regular basis and every time we arange a visit at our home (which actually violates the court order) it makes my SD hopeful her mom will actually make an effort to see her. The therapist said every time we arrange these un-authorized visits we re-open my SD wounds- and she never actually gets to go through the grief proccess and move on. I try and be strong- but when my SD gets so upset, I cave and try and convince her mom to come see her. :( Does anyone have any advice?
 

casa

Senior Member
DsmithAsmith said:
Has anyone else ever gotten a restraining order as the CP? How did you work visitation/communication with the NCP? Although right now the NCP and my husband (CP) never communicate, (they have not spoken in at least 9 months) and the NCP never excersices her right for visitation I don't want the NCP to feel like she can't be involved; she just needs to do it in an appropriate way.

She makes little to no effort to see her daughter, and it breaks my heart to see my step-daughter hurt over it. However my SD therapist recommended we don't push the visitation issue with the BM because it is VERY unlikely she will actually visit on a regular basis and every time we arange a visit at our home (which actually violates the court order) it makes my SD hopeful her mom will actually make an effort to see her. The therapist said every time we arrange these un-authorized visits we re-open my SD wounds- and she never actually gets to go through the grief proccess and move on. I try and be strong- but when my SD gets so upset, I cave and try and convince her mom to come see her. :( Does anyone have any advice?

The judge will determine visitation times/guidelines. Typically they have you meet at a police station local to the town pickup or drop off takes place in....or if there isn't one around- a Public place such as a gas station or populated area.
 

LdiJ

Senior Member
casa said:
The judge will determine visitation times/guidelines. Typically they have you meet at a police station local to the town pickup or drop off takes place in....or if there isn't one around- a Public place such as a gas station or populated area.

The mom has supervised visitation in a supervision center. Dad has allowed a supervised visit twice, in three years (I think) in his home....since mom refuses to visit at the supervision center, and the child really missed her mom.
 

casa

Senior Member
LdiJ said:
The mom has supervised visitation in a supervision center. Dad has allowed a supervised visit twice, in three years (I think) in his home....since mom refuses to visit at the supervision center, and the child really missed her mom.

Then visitation would remain supervised at the specified center...and the RO would only affect the OP.

OP: You should make sure the Restraining Order includes your place of business & husband's place of business, child's school etc. (Anywhere you'd be on a regular basis)
 

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