Can I hire a Private Investigator to conduct a surveillance while a Restraining Order is on me?

Question

In California,

My ex filed a Domestic Violence Restraining Order against me. Although there were never incidents of violence, a Judge later ordered "peaceful contact" for child exchanges.
The order itself originally stated a stay away of 300 yards. no contact, I cannot block movements, threaten, stalk, harass, molest, destroy, or keep under surveillance.I cannot have direct or indirect contact.

My question is, can I hire a P.I. to follow her around, take pictures of her violating court orders? Of course the P.I. will not be harassing her or allowing her to know he has her under surveillance.
With a peaceful contact order, would I be breaking the R.O? It does not state I cant hire a P.I. It just says "Can't keep under surveillance".......

Answer 1

You can't have someone else do for you what a court order says you can't do...meaning if your court order says you can't, "stalk, harass, molest, destroy, or keep under surveillance", then that means you can't do that, no matter what method you choose to do it by (ie. by yourself or someone else). And if you hire a private investigator to do what you want to do...keep your ex under surveillance...you will be held responsible and that will probably be considered a violation of the restraining order. You will go back to jail and the judge will be very unhappy with you.



I know you are angry with your ex and for good reason but that doesn't give you the right to violate a court order, which is what you will be doing. Not only that, but because you broke a court order in the process, the surveillance may be ruled inadmissible. but that doesn't mean that you are helpless either. If your three year old is in contact with you, teach him how to call 911. And then drill into him that the next time he sees that man in his home and he puts his hands on his mom, he is to call 911. And if the police come and they catch him in your ex's home, there will be a police record of it because he will be arrested. That police record will be all the evidence you need against your ex...and it will have been lawfully obtained so you can use it in court.



Remember, your ex breaking a court order doesn't give you the right to do the same. Think this out through and let the law work for you. Unless you want to be the one in jail and unable to protect your son. Good luck and God bless!

Answer 2

I would discuss with a lawyer familiar with your state laws. Hiring a PI sure sounds like "Keeping under surveillance" to me.

Answer 3

"I cannot block movements, threaten, stalk, harass, molest, destroy, or KEEP UNDER SURVEILLANCE."



You said yourself that the PI would be conducting surveillance on her. So...that's kinda breaking the agreement. Even if you aren't the one doing it.



I'd just let it go.



let....

it...

go....



(say it with me now)



let....

it...

go....



let it go.



Eh?

Answer 4

get the restraining order and file a complaint with the bar assoc and the regulators for his PI license. He will have way to much to deal with than bother you