Does a restraining order in California restrict the restrained from calling, texting or emailing the other party ?

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Being harassed

Attorney Answers

7
John Rogers ·
Is this a criminal case? If so, generally it encompasses all communications, including the ones you listed.
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Christien Petersen ·
In civil harassment restraining orders these methods of communication are generally prohibited unless otherwise noted in the court order. This applies to criminal protective orders also and domestic violence orders. If you have a copy of the order, call law enforcement and explain what is going on. Best of luck to you, stay safe.
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David Wallin ·
Yes :). Even if the person you are restrained from having contact with, contacts you, if you respond, only YOU are in violation of the RO, and not the other person......so don't respond. I hope that helps......David
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haron Paris BabakhanCriminal Defense AttorneyGlendale, CA ·
The short answer is yes. Restraining orders prohibit you from ANY communication with the other party even if the other party initiates the contact. Just ignore it. However, if you have any other court order, such as a divorce court, and the court has exceptions to it, then those exceptions are allowed.
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James Dickinson ·
It should. It will stated on the restraining order.
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David Kestenbaum ·
I have to disagree with my colleagues in that there are certain restraining orders that allow "peaceful communication" just no physical contact. One would have to look at the actual Order to see what is prohibited. Since this is under the subject of stalking, i can only surmise that the recipient of the communications doesn't want to be contacted at all and will report all violations to the police, who can then arrest you for violating a court order.
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Michael Cernyar ·
It depends on the type of restraining order. For many the answer would be yes, but there are exceptions. Best wishes.
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