NEWPORT BEACH, Calif. — A man told a judge at the Harbor Justice Center on June 4 that he has been unable to visit or exchange his children with his ex-wife despite a modification to a protective order that permits peaceful contact for child exchanges.
The accused was served with a protective order in 2023 that prohibited him from contacting his ex-wife. The accused allegedly violated the protective order on Nov. 29, 2023.
In court, Judge Richard E. Pacheco opened by stating that the accused had received modifications to the protective order that should allow him to have peaceful contact with the protected individual only when exchanging children.
However, the accused said he has not been able to see or visit his children at all despite the modifications. According to the accused, conflicting court decisions and complications within the legal system have prevented him from exchanging the children, even though that exchange was permitted by the criminal court.
The accused has cases in two courts: criminal court, which was the subject of the hearing, and family court. The family court rulings have led to the aforementioned complications regarding the accused’s ability to visit his children because of the outstanding restraining order obtained by his ex-wife.
Due to the restraining order, the accused cannot see or interact with his ex-wife, and law enforcement has therefore denied him access to his children, who reside with her. However, the criminal court proceedings have given the accused direct permission to have peaceful contact with his ex-wife solely for the purpose of exchanging the children.
This conflict has left the accused caught between two court decisions, which, in combination, have resulted in his being unable to see his children. According to the accused, the only way for child exchange and visitation to work is for one of the orders to be resolved, a process that the accused said has taken a long time because his cases have been continued at the Harbor Justice Center “for months.”
Judge Pacheco concluded by affirming that the accused is permitted to exchange the children. However, the matter was continued to July 9, when the accused is scheduled to appear in Department H07 at 8:30 a.m. for further proceedings.
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