County Judge issues restraining order on the basis of police charges. So-called victim didn't file charges, doesn't want restraining order. Victim holds that police lied on report. She wants to see the restrained husband. If she does, does she thereby make him a felon?
No, but unfortunately he can still be charged with the misdemeanor of violating that restraining order if it is found that he was complicit in the meeting (some level of intent). See California Penal Code section 276.2 ( http://codes.lp.findlaw.com/cacode/PEN/3/1/9/2/s273.6 )
Thus, if she cares about his future, she may not want to cause him to be in violation of same. On the other hand, the express dictates of the RO will define what he can and can not do. If it says he can not communicate with her, he best not. If she calls him, he should not take the call and not speak to her. If the RO only says he may not be within 500 feet of her, but no restriction on communication, then that would be different. But, if she then comes to his house, and causes him to be in violation, and it is not very clear that he had nothing to do with it and tried to correct it, again, he could be in trouble. The worst part is, if he gets charged, even if he tried to avoid, he then has to fight it to get justice, and to do so properly usually requires money to hire a person trained to handle such. It is best, XXXXX XXXXX obey the order and use legal means to get that RO lifted, if possible.
Note, however, that the State does not need the victim's consent to issue an RO or to enforce it. But it is also true that if the victim is not being inconsistent when now not accusing the alleged perpetrator of the violence, and the evidence that caused the RO is now no longer so credible due to the victim's lack of ever accusing him, or at least if it is clear that there is no obvious risk of future danger and the victim does not wish the RO, a court may lift it, certainly.
I hope this helps! Let me know if you need follow up before or after RATING me. And PLEASE know that my job depends on a POSITIVE rating now and at least an 8-10 feedback rating later. Thanks! I won't forget your support.
I think this is what you wanted to know. If not, please let me know and we can interact further. Otherwise, I wish you the best and ask that you Rate me now. HINT: I aim to provide only EXCELLENT SERVICE and ask that you click a rating on the RIGHT side of the choices OR, follow up with me if you need more follow up or clarification. AND, WHEN YOU DO RATE ME POSITIVELY, PLEASE SEND ME A REPLY LETTING ME KNOW YOU ARE DOING SO, SO WE CAN ENSURE IT GETS RECORDED. THANKS!
You can ask for me directly in the future by starting your post with "To Alexia Esq." Or bookmark this page, and go to: http://www.justanswer.com/law/expert-AlexiaEsq/
Repeat reminder: Due to rules of our states, nothing herein is intended as legal advice, only intended as general information in order that you may have a starting point for helping yourself and presenting your issue to your lawyer if need be. I am an Attorney in the U.S. but I am not your attorney.