CA. Can this be enforced?

[embattled]

Restraining Order granted in Humboldt County, served in Humboldt County, in person, by Humboldt County Sheriff.

I am a protected party, along with my mother, on the DVRO, because we are, essentially, a family unit with protected parties, mother and son. He refers to me as his father and my mother as his grandmother. Restrained person, bio father, responded to being served by moving 163 yards from my home, where my mother is living. The only way in and out is less than 100 yards away.

The police won't arrest him, saying the violations that occur in the neighborhood were all by accident.

What can I do?




REMOVED the link for your protection.

 

[army judge]

Restraining Order granted in Humboldt County, served in Humboldt County, in person, by Humboldt County Sheriff.

I am a protected party, along with my mother, on the DVRO, because we are, essentially, a family unit with protected parties, mother and son. He refers to me as his father and my mother as his grandmother. Restrained person, bio father, responded to being served by moving 163 yards from my home, where my mother is living. The only way in and out is less than 100 yards away.

The police won't arrest him, saying the violations that occur in the neighborhood were all by accident.

What can I do?

You can discuss the matter with a lawyer.
You can request the judge to hear your concerns.
I doubt that there's any remedy left, unless you move.
Restraining orders aren't made of Kevlar.
Those orders are simply pieces of paper.
If your father was a violent, crazed maniac BEFORE you got the order, i doubt the order will magically change his predispositions.
I don't wish to frighten you, but there are many people dead, injured, maimed after receiving an order of protection.
The only way I know that anyone can be safe is do what the US Government does when they want to protect someone, take them into hiding.
They move the person far, far away.
If you fear for your safety, move away.
Otherwise, I think you see just how useless a piece of pretty legal paper can actually be.​

 

[embattled]

We moved 800 miles away to get away. Lived in hiding for the last 8 months.
He found my mom and moved in right by her.
I suppose we just have to wait for someone to get hurt.

 

[army judge]

We moved 800 miles away to get away. Lived in hiding for the last 8 months.
He found my mom and moved in right by her.
I suppose we just have to wait for someone to get hurt.

I didn't say that.
I hope no one gets hurt.
I hope no one goes to prison.
All I am saying is that don't rely on any government to protect you or your family.
Whatever you do, don't stoop to his level and use violence and intimidation.
Be smart, move again, before this creep harms any of you.

Or, see a lawyer on Monday in your county.
A local lawyer might be better able to assist you.

I pray that there is no violence and no innocent people get hurt.
I'm a religious person, but I'm not so naive to think that prayer alone will keep me or anyone safe.
Prayer makes me feel calm, just like that piece of paper. but neither thing will stop bullets.

Please, see a lawyer, or have mother go to a local domestic violence shelter.
The people that run those places know things you and I don't.
They are also willing to help.

I wish you all peace and safety.​

 

[embattled]

Thanks. I didn't mean to suggest that you wished anyone harm.
I'm just at the end of my moves. My family has owned this house for thirty years.
We already moved into a confidential location provided by the state, which means his only option was to track down my mom.
He had his drug dealer friend steal my pistol from our house when we were at court. His friend was arrested, as we caught him on camera, but now I'm out a gun.
We had most of our money stolen, already.
What we had left and what we scraped together, we used to hire an well known attorney, but she declined to take the case, citing a conflict, then she recommended someone else, who also declined because of conflict. Now, we are on lawyer #3 who declined, this morning. This case is being messed with from all angles.
Domestic Violence Services have been involved, CWS has been involved, DHHS... everything.
We are out of options and we cannot get an arrest after dozens of violations... some of them even including admissions.

 

[army judge]

That's very sad. Sell the house, take the money and move to a quieter, calmer COUNTRY. The USA isn't the only good country in this planet. There are at least 50 other countries that one could live in peace and harmony. Good luck.

 

[CdwJava]

We've been discussing this on another forum along with the reasons why you might not have been getting the results you wanted, and why the DA is not going to file for the fact that the restrained party drives along the only road he has to get out of his residence which incidentally passes within the 100 yard distance. Unless the order specifically prohibited from moving where he did, then he did so legally (and I have never seen an order that made a geographic limitation like that).

I will also point out for others that the OP is not the plaintiff party in the TRO. His significant other is the plaintiff and he is listed as another party to be protected. This can be part of the problem, particularly if the actual plaintiff/protected party is not reporting the violations or making contradictory statements - or no statements at all. I don't know if she is or is not affirming the violations with statements and evidence to the police.

Also, as pointed out in the other thread, these violations are misdemeanor allegations. The probable cause for the arrest - even for this mandatory "shall arrest" section (PC 273.6) - only exists for a short time contemporaneous to the offense for such offenses. In other words, if he is gone and they don't contact him pretty quick, the police or sheriffs lose the ability to make a warrantless arrest. And, it appears that the DA has received these reports but is citing lack of staffing or resources as why they have not yet been filed. This is an unfortunately common occurrence in CA right now.

This is the first I have heard of a "confidential" location. Not sure what THAT means. But, if your girlfriend received relocation funds from the state victim-witness fund, it should not have been used to move in with your mother. Heck, that would have been a not-so-bright idea if the intent was to remain hidden. Victim-witness can provide funds to move a victim, but they generally move them at least out of the county where they had the problem - at LEAST out of the city (which is possible in larger counties).

Now, another thing mentioned for the first time is that he moved 800 miles to a place just down the street. Who did he move in with? Was this a family member of his? or, did he just rent a vacant place down the road? If he moved 800 miles out of the blue, then I can see an argument being made for stalking - especially when combined with the other allegations (assuming they can be substantiated and that the plaintiff/protected party also agrees they occurred). You might want to speak with a detective in the Sheriff's Office who can look into this possibility.

 

[embattled]

We were threatened with CWS, but we have nothing to hide. So, we go straight to CWS and lay out the situation for them. They ask if we can pass a drug test and if we can take a TB test and move us up the list to a place that is confidential with cameras all over and the necessity to pass by law enforcement, depending on the hour, to get to in and out.

In another telling, someone indicated to me that the most unbelievable part of this narrative is the story of moving. It is definitely unclear an I apologize.

When she leaves husband, she is living in Humboldt and comes down to San Diego. He follows. We go back up to Humboldt. Tires are slashed, firearm is stolen, and DHHS and others work together to move us into where we are at, now. Not glamorous, but safe, at least.

Husband follows back up to Humboldt the same exact day our tires are slashed and gun is stolen. So, he has followed 800 miles, twice, now. When he is served with the RO in Humboldt, he immediately responds by moving in 163 from my house, where my mother lives, and where the boy visits. So, after moving into the confidential location, he does the next best thing, and waits, in secret, above my mother, for his son to show up.

This is where the story gets hard, for most people, and they stop believing me. He moved in with her sister. Her sister moved in, in secret, behind my mother, months ago. Her sister is currently receiving large amounts of money from the family trust while my cohabitant is receiving nothing. After the brother died, last year, everyone started questioning where the money was going to go, and my cohabitant is supposed to be successor trustee. Current trustee has taken a great deal of money and sister is benefiting directly. So, the mother and sister's interest is that they have refused court ordered accounting, and now they are helping husband. Sister and husband live, together, 163 yards from my mom.

When pulling the divorce file of the mother, we discovered sister's 5150 discharge papers, where she was held for months after a suicide attempt. She has a severe case of Borderline Personality Disorder. So, that is where we are at... the trust hearing is next month.

I will look into the stalking thing. A Deputy in Humboldt actually said we need a couple of more things for a stalking charge, but we are getting there. He said we need to demonstrate continuity of threats and of following.

Thank you for your time and thoughtful responses.