tater295
Jul 4, 2012, 05:14 PM
I live in Orange County, California. Due to some people my 32 year old daughter started "hanging out" with (she was living with me) and some expensive family heirlooms these new friends stole.
Prior to this the DA had issued a criminal restraining order against my daughter, in which I am the protected person. I convinced the judge to reduce that full no contact order to a peaceful protective order for one reason cause she had no where to live. After the theft I filed to get my restaining order re-escalated to a full no contact order. It took two months and 7 court appointments to get that done (you see unlike a family law restraining order -a criminal restraining order requires both parties to be present in court, so regarding the first 5 attempts my daughter wouldn't show or the public defender wasn't there.That fifth failed attempt prompted the Judge to finally order my daughter present for attempt #6, she didn't show so a bench warrant was issued, she was arrested and brought to court dressed in jail outfit. The hearing took place and the restraining order was re-escalated. I did convince the judge to allow communication between the two of us by telephone, e-mail, text , or other electronic means.
During the 2 months that it took to get my order re-escalated, (my daughter had been served and knew of the upcoming trial ), she went to family court and said she was in fear for her life from me, upon her statement the FAMILY court judge issued a temp. restr. Order against me, and I was kicked out of my home I own where she resided for free until the FAMILY court hearing. A couple weeks later when the family court hearing came up she was already in jail and I already had the re-escalated criminal restr. Order in my favor and I showed it to the FAMILY court judge including the special author. For the forms of contact allowed for personal reasons. The FAMILY court judge however issused a restr. Order against me in my daughters favor full no contact and not allowing any communication. Both courts are in Orange County just different cities which have no merit. I will add the basis of her restraining order against me the DA denied to prosecute against me for no evidence. And my criminal restraining order says my Order May Take Prescedence Over Other Conflicting Orders including family court orders. This is the secocd time this FAMILY court judge has given my daughter a protective order against me causing me to be thrown out of my house that I own (am on the deed to). Both times the trumpted up charge my daughter filed were not filed by the DA who saw right through her obvious plan. Both times at the FAMILY court hearing I was allowed back in my home but each time until the hearing I was living in my car for 2 weeks each time.
Now even though this judge knows I have the criminal prot. Order in my favor, and he knows for special circumstances communication is allowed between me and my daughter he gave her a restr. Order were I am the restrained person and denied us to communicate. When I told the criminal judge, while I sat in the witness box the personal reasons I needed to have the communication avenue open he wiped tears away from his eyes.
The system in family court assigns the same judge to my daughters case number deliberately that is how they work so I can't have that removed, I am on a fixed limited income.
Clearly the two orders are conflicting and mine takes presedence so I thought, but others interpret it as a different situation because of me being the restrained person from the FAMILY court judge (for no reason no evidence against me only his desire to please my daughter) some feel I could be breaking the law it I exercise my right to communicate with my daughter as my higher criminal order allows. Pleas help what should I do?
Prior to this the DA had issued a criminal restraining order against my daughter, in which I am the protected person. I convinced the judge to reduce that full no contact order to a peaceful protective order for one reason cause she had no where to live. After the theft I filed to get my restaining order re-escalated to a full no contact order. It took two months and 7 court appointments to get that done (you see unlike a family law restraining order -a criminal restraining order requires both parties to be present in court, so regarding the first 5 attempts my daughter wouldn't show or the public defender wasn't there.That fifth failed attempt prompted the Judge to finally order my daughter present for attempt #6, she didn't show so a bench warrant was issued, she was arrested and brought to court dressed in jail outfit. The hearing took place and the restraining order was re-escalated. I did convince the judge to allow communication between the two of us by telephone, e-mail, text , or other electronic means.
During the 2 months that it took to get my order re-escalated, (my daughter had been served and knew of the upcoming trial ), she went to family court and said she was in fear for her life from me, upon her statement the FAMILY court judge issued a temp. restr. Order against me, and I was kicked out of my home I own where she resided for free until the FAMILY court hearing. A couple weeks later when the family court hearing came up she was already in jail and I already had the re-escalated criminal restr. Order in my favor and I showed it to the FAMILY court judge including the special author. For the forms of contact allowed for personal reasons. The FAMILY court judge however issused a restr. Order against me in my daughters favor full no contact and not allowing any communication. Both courts are in Orange County just different cities which have no merit. I will add the basis of her restraining order against me the DA denied to prosecute against me for no evidence. And my criminal restraining order says my Order May Take Prescedence Over Other Conflicting Orders including family court orders. This is the secocd time this FAMILY court judge has given my daughter a protective order against me causing me to be thrown out of my house that I own (am on the deed to). Both times the trumpted up charge my daughter filed were not filed by the DA who saw right through her obvious plan. Both times at the FAMILY court hearing I was allowed back in my home but each time until the hearing I was living in my car for 2 weeks each time.
Now even though this judge knows I have the criminal prot. Order in my favor, and he knows for special circumstances communication is allowed between me and my daughter he gave her a restr. Order were I am the restrained person and denied us to communicate. When I told the criminal judge, while I sat in the witness box the personal reasons I needed to have the communication avenue open he wiped tears away from his eyes.
The system in family court assigns the same judge to my daughters case number deliberately that is how they work so I can't have that removed, I am on a fixed limited income.
Clearly the two orders are conflicting and mine takes presedence so I thought, but others interpret it as a different situation because of me being the restrained person from the FAMILY court judge (for no reason no evidence against me only his desire to please my daughter) some feel I could be breaking the law it I exercise my right to communicate with my daughter as my higher criminal order allows. Pleas help what should I do?