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Joseph
Joseph, Lawyer
Category: Legal
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if there is a restraining order against me if its mentioned

Resolved Question:

if there is a restraining order against me if its mentioned that i can contact only via email and if the other person calls or comes to visit me is it ok. the other person wants to come and meet me
Submitted: 11 months ago.
Category: Legal
Expert:  Joseph replied 11 months ago.
Hello,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

I'm sorry to hear about your situation and hope I can help.

Unfortunately, no, if you have a no contact order that requires you to be a certain distance from someone and there is no exception for 'peaceful contacts,' then you would still be in violation of the restraining order even if the other person is one who wants to come and meet you.

Before that is legal, you will need to get the restraining order removed. If it is a civil order and was placed against you by this person, she needs to go to court to have it removed. If it is a criminal protective order, then you will have to contact a criminal defense attorney or your local public defender's office to get the order modified before you contact the person face-to-face, even if the other person is the one who is initiating contact.


I hope the above information is helpful, although I realize it is not what you wanted to hear. I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. (It doesn’t cost you anything extra and is necessary even though you’ve made a deposit). Please also rate me highly (9-10) when you receive your customer satisfaction survey.

Thanks and best of luck!

-Joseph
Customer: replied 11 months ago.

hi ,


 


i got a chance to speak to the other persons attorney and we are working to get the restraining order removed.


 


In the mean time when the other person asked the attorney was told that for discussing few things is ok for the other party to call me and i shouldnt call.


 


If theother person has to pick my clothes from my house , should i leave the house where i am staying


 


thanks

Expert:  Joseph replied 11 months ago.
Hello Babu,

Yes, you should leave the house if they are coming over to pick up clothes just to be safe. Until the restraining order is removed, you can only legally be in close proximity to the person when you see him or her in court to get the order removed.

Otherwise, you could be found to have violated the restraining order even if the other person voluntarily comes to your home to pick up clothes.

It's better to be safe than sorry, especially since being found in violation of a restraining order is a huge ordeal in California in itself and can result in a non-voluntary protective order that is very hard to get modified and removed.
Joseph, Lawyer
Category: Legal
Satisfied Customers: 5036
Experience: Attorney with significant and substantial experience in multiple areas of law.
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