Restraining Orders FAQs

1. Can the family law court order me to pay child support if I’m contesting parentage of the child?

Yes, they can order that you pay child support even if you contest parentage of the child, as long as the court determines that there is a probable parent-child relationship.

2. Do I still have to pay child or spousal support if I reconcile with the other party and we live together again?

Usually no. Child support or spousal support orders are not enforceable when the parties have reconciled and live together again, unless the order specifically states otherwise. If the parties separate, the orders become effective again.

3. I have a restraining order prohibiting me from large expenditures, but my community property business often purchases and sells large volumes of high priced inventory. Am I in violation of the restraining order?

No. The property restraint order does not include large expenditures in the ordinary course of business. As long as you can prove that the expenditures were normal and not for the purpose of prejudicing the other party, you are not violating the order.

4. I requested a domestic violence protective order against the other party, but I’m afraid the other party may try and contact me in violation of the protective order. Can the court allow me to have a recording device to record any communication between me and the other party?

Yes, a court may allow the party requesting protection to use a recording device to record evidence that the restrained party violated the order. However, unless the order specifically authorizes the use of a recording device, recording another party’s conversation without his or her consent may violate wiretapping or invasion of privacy laws.

5. The other party requested a domestic violence protective order against me, and I have outstanding warrants. If the family law court finds out, will they contact my probation or parole officer?

Yes. The court must run a criminal background check for all subjects of a domestic violence protective orders prior to the hearing on the protective order. If the court finds outstanding warrants, the court will contact law enforcement and act accordingly.

If you wish to request or contest a restraining order, contact a Southern California family law attorney.  A lawyer will research the law and present the facts to the judge in a way most favorable to your position. Without an attorney, you may miss important procedural or legal points that will delay or harm your case.

If you or someone you know has an issue related to a restraining order, you will need an experienced Southern California family law attorney to aggressively represent you in court. At Wallin & Klarich, we have helped people with restraining order issues for over 30 years.  Call us today at (888) 749-7428. We will be there when you call.