Restraining order against me but wife is asking me to break it?

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Restraining order against me but wife is asking me to break it?

I just got served a restraining order and
divorce paperwork on Tuesday. In the restraint
order I can not go by my house my son’s school,
or my wife’s work. My wife just asked if I can
go to the house and pick up my son so he is not
home alone for 4 hours. I want to pick up my
son, but don’t want to violate the restraining
order. My brother offered to pick him up and
bring him to me or I said I can pick him up
from the park up the street. She is fighting me
on it and says that I can just save the text
messages saying it’s ok to show the court. What
should I do?

Asked on November 8, 2018 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You should NOT go near the house until the restraining order is lifted.  Your wife can never violate the oroer (even if she consents) but you can always violate it (even if she consents).  Does the order say how far you have to stay away from the house?  If you pulled up to the curb would that be far enough away?  Have your brother go and get your son and bring him to you.  Take the OP to an attorney to review and help you asap.  Good luck.


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