Szalai

Szalai v. Holder

Good Law
United States Court of Appeals for the Ninth CircuitJuly 16, 200906-74994California5,851 words

Opinion

Opinion

I. FACTUAL AND PROCEDURAL BACKGROUND

On January 3, 2002, Petitioner’s ex-wife obtained a FAPA “Restraining Order to Prevent Abuse” from the Circuit Court for the State of Oregon, Washington County. That restraining order contained a number of separate provisions, including terms 1) enjoining Petitioner from “intimidating, molesting, interfering with or menacing” his ex-wife or any minor chil- dren in her custody (or attempting to do any of those things), SZALAI v. HOLDER 9093 2) enjoining Petitioner from entering or attempting to enter various locations, including his ex-wife’s residence and areas within 100 yards of his ex-wife or her residence, and 3) enjoining Petitioner from contacting or attempting to contact his ex-wife in person or through “3rd party contact” by phone, mail and e-mail (except “regarding parenting time” with his children). However, the restraining order was soon thereafter modified to permit Petitioner to pick up the children from or deliver them to his ex-wife’s residence so long as he remained curbside and (except to put a child in a car seat) inside his vehicle.

On February 18, 2002, Petitioner returned his son to his ex-…

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