By Mengyu Yang
WOODLAND – Is a 10-year restraining order that keeps a parent from his child too long?
Judge Timothy Fall in Yolo County Superior Court, Dept. 11, last Friday said no it wasn’t. Especially if the defendant was a threat.
The victim also presented in court via Zoom today, and explained to court the reason she was seeking the protection of the 10-year restraining order. She told the court that she has been a victim of the defendant’s repeated violation of restraining orders against him.
The victim had reported the violations to the authorities, but the defendant’s behavior remained unchanged. In 2013, she moved to a confidential address. Defendant Clark obtained this confidential information in 2018, and showed up at her front door, she said, leaving her horrified.
The mother of the Clark’s other child informed the current victim that the defendant also showed up in similar fashion to their house, violating the restraining orders. The victim also stated that the defendant was high on meth and heroin when he showed up.
The victim said she doesn’t want the defendant to be around her children at all, and would really like the 10-year restraining order to protect her kids and herself.
The defense counsel was seeking to have the years of the restraining order reduced. The defendant’s behaviors have been improving, he said, and there are “plenty of protective ways that this could be handled.”
J. Toney argued that the defendant and the testifying victim have a 6-year-old child, and this restraining order will prevent any meaningful contact between the Clark and his child.
The court rejected the defense counsel’s argument and granted the 10-year restraining order.
Judge Fall reasoned the defendant could always ask for a modification when he is released; however, it would be his burden to prove the necessity of the modification. It shouldn’t be the victim’s burden to prove the necessity of the restraining order.
Mengyu Yang is a second-year law student from Golden Gate University. She is an international student, and the hometown she picked in the States is San Diego.
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