Stepfather of Child Fails to End Restraining Order Renewed by Biological Father – Judge Laments Court’s Involvement

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By Gracy J. and Hannah A.

WOODLAND, CA- In a pro se motion hearing in Yolo County Superior Court last week, the stepfather (Doe I) of a child attempted to end a restraining order placed on him by the child’s biological father (Doe II).

Note: Because a child is involved the Vanguard will not use real names in this story.

But Doe I was informed by Judge Samuel McAdam that renewal for the restraining order has a “very low threshold” in California.

On Dec. 18, 2018, Doe II was granted a three-year restraining order against Doe I on the grounds of civil harassment.

During this recent appearance, Doe II claimed Doe I had deliberately broken the restraining order by showing up at his place of work during the active order and was present at a custody exchange which took place on Dec. 18, 2021; the same day the three-year restraining order legally ended.

However, Judge McAdam noted even if there was a violation of the restraining order, Doe II’s motion for renewal was granted because he established “the original basis for the restraining order remains valid and he doesn’t have to have proof of violations of the restraining order… he has met his burden for this to be renewed.”

Furthermore, the judge said because of the ongoing conflict between the two parties, it would not be in the best interest of the child to drop the restraining order.

Judge McAdam emphasized for the case to have been resolved, there “needed to be, at a minimum, neutrality… or better yet that the conflict has been resolved…on a human level it is with great sadness that the court is even involved in this and has to issue orders.”

Since conflict remains between the two co-parenting parties and there are no attempts of resolution through professional meditation, the restraining order was renewed for another two years, with the exception that both parents of the child are permitted to attend professional mediation and court appearances to resolve the matter and drop the protection order.

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About The Author

The Vanguard Court Watch operates in Yolo, Sacramento and Sacramento Counties with a mission to monitor and report on court cases. Anyone interested in interning at the Courthouse or volunteering to monitor cases should contact the Vanguard at info(at)davisvanguard(dot)org - please email info(at)davisvanguard(dot)org if you find inaccuracies in this report.

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