My husband has a restraining order against him from his crazy ex-wife. They have child togther. The order states he is to stay 100-yards from her, her job and home. However prior to the rs they already had a child custody and visition order. The judge said it supercedes this order. Supercede means overwrites the restraining order. Basicallly he can still pick up and drop off his son and not be in violation of the rso. Does anyone know if he can go to his childs sporting games even though she will be there. He doesn't want to miss any games but he doesn't want to violate this order either. She is one to make things up. If he can go while she is there, can you tell me where on the web I can verify this..we live in california
2007-03-08 04:33:28 · 11 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
My husband already said if she is at the games he isn't going. Just can't trust her. We have baby together and he can't jepordize her well being for a hostile ex. He explained to his child and when the child is older I am sure he will completely understand why his dad couldn't be there at every game. In the long run the kid always suffers.
2007-03-08 05:35:59 · update #1
That is touchy...If she is going to b there then he needs to be at least 100 yards way no matter what. Maybe you should contact the police department and they can guide you into the right direction.
2007-03-08 04:39:28 · answer #1 · answered by ERICKSMAMA 5 · 1⤊ 0⤋
No he can not go to the game if she is there. The visitation order only supercedes the restraining order in the instances of picking up and dropping off the child for visitations. If he doesn't want to get arrested he needs to stay away from the games she goes to.
2007-03-08 17:55:48 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Call the court and ask for clarification on the restraining order. First off, you will have shown good faith in wanting to abide by the order and if they say it is okay as long as he does not sit on the same side of the field, or something like that, he will know the limitations. If you can get the court to issue a modification to the order, get her a copy of it. Don't just push it and the next thing you know he is in jail for violating the order. He needs to get the court on his side and show that he wants to continue to be part of his child's life, but within the law.
2007-03-08 12:56:52 · answer #3 · answered by Suthern R 5 · 0⤊ 0⤋
If he has to remain 100 yds away from her, then he can go to the baseball game, as long as he's 100 yards away from her. That's a LONG way away, especially for a kids game...he'd probably be too far away to see anything (it's a football field length, after all). Probably a better solution would be for the 2 of them to be mature adults and work out a schedule where they each attend the games separately. Hopefully that will work, but if your hubby has a restraining order against him, it doesn't sound like anyone's been acting too maturely on this one.
2007-03-08 12:40:04 · answer #4 · answered by basketcase88 7 · 1⤊ 0⤋
You need to go to a lawyer and ask for an addendum on the visitation for attending the childs sports events. If he misses some games this season, at least he possibly can attend next season. OR the judge may not allow and its in black and white that its not his dad's fault that he didn't attend. (this may be important to be able to show this order to the child in later life when he asks why daddy wasn't there)
2007-03-08 12:47:00 · answer #5 · answered by ricketyoldbat 4 · 1⤊ 0⤋
I think that is a pretty clear violation of the restraining order. He isn't going there to pick up his son, and he knows she will be there. He should send you to the game with a video camera, or have custody of his son during the game, without her being there.
2007-03-08 13:14:20 · answer #6 · answered by Martin Pedersen 6 · 0⤊ 0⤋
I'd just show up first, with a friend as a witness.
So if she shows up, she is the one potentially violating the restraining order, as he was there first.
Get there an hour before the game, sit in the stands for his kids team, and if she makes a stink about it, have witnesses, videotape, whatever.
2007-03-08 13:30:08 · answer #7 · answered by camys_daddy 5 · 0⤊ 0⤋
She sounds like my husband's idiot of an ex-wife (hello ex, why would he want to be within 100yards of you anyway?). I would call the court house and ask someone to verify that.....or an attorney. It would be devastating to the child if your hubby got arrested bc his mom is a biotch, so I would find out the right answer before going anywhere near where she may be!
2007-03-08 12:42:43 · answer #8 · answered by Tangled Web 5 · 1⤊ 0⤋
I would assume yes. Just don't sit by her, go near her or talk to her at all. He may want to call either his lawyer or the police first however to avoid a scene at his childs sporting events. Very sad situation.
2007-03-08 12:38:27 · answer #9 · answered by T C 3 · 0⤊ 0⤋
he can go back to court and ask that the visit ion be modify just to be safe all so stay as far from her as he can will do so
2007-03-08 12:45:39 · answer #10 · answered by nightman122554 4 · 0⤊ 0⤋