How does someone get a restraining order if they have a warrant out for their arrest? 11 Answers as of July 11, 2013

My best friend lives in CA and her ex-boyfriend is sending her death threats and is also threatening to kill or harm her friends/loved ones, including myself. She wants to get a restraining order against him but she has a warrant for a ticket she never paid. Can she contact the police to get a restraining order without getting herself in trouble?

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Wallin & Klarich
Wallin & Klarich | Sheldon E. Lee
Irrespective of the warrant, she can always petition the court for a restraining order as there are clearly threats being made.
Answer Applies to: California
Replied: 7/1/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
You get a restraining order by filing for one in court and then serving the paperwork on the perp. Yes, she needs to also file criminal charges with the local police ASAP. Yes, she does face problems with the police, but she needs to immediately and properly deal with the warrant to avoid those problems. To handle a warrant, you must turn yourself into the court, with or without an attorney, and try to negotiate a recall of the warrant and a plea bargain on the new Failure to Appear charge, and renegotiate any outstanding charges that caused the warrant. Doing so voluntarily will result in a better outcome than being brought in cuffs to court after arrest on the warrant. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
Answer Applies to: California
Replied: 7/1/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
To get a restraining order you go to the courthouse not the police. There is a chance that the warrant. Your friend should go take care of the warrant.
Answer Applies to: California
Replied: 6/30/2011
Singh Law Office
Singh Law Office | Kulvinder Singh
Yes make the police call.
Answer Applies to: California
Replied: 7/11/2013
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Let's do this the simple and easy way. First, she should just go pay the ticket or start payments. Then no warrant. Second, she can get the necessary forms to file a request for a restraining order on line. No need to contact the police.
Answer Applies to: California
Replied: 6/30/2011
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    She should get the help of an attorney who might be able to clear the warrant and help her with the restraining order.
    Answer Applies to: California
    Replied: 6/29/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    The two are completely separate. Just think, how can someone risk being murdered by a psycho just because the person has a traffic warrant?
    Answer Applies to: California
    Replied: 6/29/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    This is a tough situation. If she feels that her life is in jeopardy she should retain a lawyer to file a restraining order on him immediately. Then she can serve him and likely get a temporary restraining order granted. Then she can take care of her traffic ticket in between the time between the first and second court hearing.
    Answer Applies to: California
    Replied: 6/29/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    Good question. My guess is that she would, indeed, have to deal with the warrant if she contacts the police. My first advice is that she should get an attorney (or not, if she can't afford it) and get the warrant recalled. If it's only for a ticket then they're not going to be very interested in putting her in jail. She needs to just deal with it, fight it, or plead guilty and set up a payment plan. Keep in mind that to get a restraining order you do not need to contact the police. You file for it at the courthouse. The court will automatically issue a temporary order with a future court date. If he wishes to defend against the order he can show up on the court date to do so. The police need not be involved.
    Answer Applies to: California
    Replied: 6/29/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    Get an attorney to deal with ticket and place it on calendar- get restraining order.
    Answer Applies to: California
    Replied: 6/29/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    She may be arrested. I suggest handling that ticket ASAP. However, if he is threatening her and her family, it is more important to be safe. Depending on how serious the threats are, calling the police should be her first course of action. Regardless of the presence of a warrant.
    Answer Applies to: California
    Replied: 6/29/2011
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