Summary
Report each violation of the restraining order to the police immediately. Document all incidents, including dates, times, and any witnesses. Consider filing for a contempt of court for violating the restraining order. Complete the necessary forms, such as the Order to Show Cause and Affidavit for Contempt (FL-410). Submit the forms to the court clerk in the county where your case is being heard. Serve the filed forms to your spouse. This can be done through a professional process server or law enforcement. Attend the scheduled court hearing and present your evidence of the restraining order violations. Potential consequences for your spouse could include fines, jail time, and additional restraining orders or modifications to existing ones.Full Conversation
Hector
Hi Hector! How can I assist you with your legal issue today?
I live in Fresno California and am divorcing My wife. I have restraining order against her but she has violated it twice now and she keeps harassing me and stocking me. Plus she is calling my family and friends and my tenants and trying to bribe them with money to lie about me or to harm me. What should I do
Hector, here are some steps you can take:
- Report each violation of the restraining order to the police immediately.
- Document all incidents, including dates, times, and any witnesses.
- Consider filing for a contempt of court for violating the restraining order.
Would you like information on how to file for contempt of court?
Yes please
Hector, here are the steps to file for contempt of court in California:
- Fill Out Forms: Complete the necessary forms, such as the Order to Show Cause and Affidavit for Contempt (FL-*).
- File Forms: Submit the forms to the court clerk in the county where your case is being heard.
- Serve Your Spouse: Serve the filed forms to your spouse. This can be done through a professional process server or law enforcement.
- Attend Hearing: Go to the scheduled court hearing and present your evidence of the restraining order violations.
Would you like more details on any of these steps?
Can I get the forms online to print at home
Yes, you can access and print the necessary forms online. Here are the steps to find them:
- Visit the California Courts website at www.courts.ca.gov/forms.
- Search for "Order to Show Cause and Affidavit for Contempt (FL-*)" and other related forms.
Do you need help with anything else related to your case?
What happens to her once we attend the hearing
Once you attend the hearing, the judge will review the evidence of the restraining order violations. If found guilty of contempt, potential consequences for your wife could include:
- Fines
- Jail time
- Additional restraining orders or modifications to existing ones
Do you have any other questions about the process?
How much jail time would someone get for this. And what is the fine amount
In California, violating a restraining order can result in:
- Jail Time: Up to 1 year in county jail.
- Fines: Up to $*,*.
Would you like more details on potential legal defenses she might use or how to best present your evidence?
Yes
Case Rating: *Hector, here are some potential legal defenses she might use and tips on presenting your evidence:
Potential Legal Defenses:
-
Lack of Knowledge: Claiming she was unaware of the restraining order.
-
False Allegations: Arguing the accusations are untrue or fabricated.
-
Misunderstanding: Asserting there was a misunderstanding or miscommunication.
Tips for Presenting Evidence:
*. Documentation: Keep a detailed log of all violations.
*. Witnesses: Bring witnesses who can corroborate your claims.
*. Electronic Evidence: Save any messages, emails, or recordings that demonstrate harassment.
Would you like information on how to gather and organize your evidence effectively?
Yes
Hector, to gather and organize your evidence effectively:
*. Documentation: Maintain a detailed log of each incident with dates, times, and descriptions.
*. Witnesses: Collect statements from any witnesses.
*. Electronic Evidence: Save any relevant messages, emails, or recordings.
*. Organize: Arrange your evidence chronologically for clarity.
Do you need any specific forms or further information on evidence submission?
Yes
Hector, to submit evidence effectively:
- Gather and fill out Evidence Submission Forms from the California Courts website.
- Ensure all documentation, witness statements, and electronic evidence are included.
- Organize the evidence chronologically.
Would you need help finding specific forms or more details on submitting your evidence?
Yes
Hector, here’s how to find specific Evidence Submission Forms and submit your evidence:
- Visit the California Courts website at [www.courts.ca.gov/forms](https://www.courts.ca.gov/forms).
- Search for evidence submission forms or consult court staff for guidance.
- Ensure all documentation is well-organized and clearly labeled.
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