What Happens If The Court Grants A Restraining Order And The Court Finds That It Has Been Violated?
What Happens If The Court Grants A Restraining Order And The Court Finds That It Has Been Violated?
What Happens If The Court Grants A Restraining Order And The Court Finds That It Has Been Violated? California has some of the strictest laws when it comes to restraining orders. If you have a restraining order filed against you and are found guilty of violating its terms, you can expect severe and immediate consequences. The first and perhaps most significant consequence is the legal penalty. Violating a restraining order…
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Domestic Violence Restraining Orders: The Importance of Safety
The Importance of Safety with Domestic Violence Restraining Orders Domestic violence is a serious issue that affects millions of people every year. It is defined as any type of physical, emotional, or psychological abuse that occurs between two individuals in a domestic setting, such as a romantic relationship, cohabitation, or family ties. In the United States, each state has its own laws and procedures for addressing domestic violence. In the…
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WHAT TO DO IF YOU ARE IN NEED OF AN EMERGENCY PROTECTIVE ORDER?
If you are in immediate danger before the court has time to intervene, ask a law enforcement officer to ask for an Emergency Protective Order (EPO) from a Judge; this is a temporary protective order for 7 calendar days and can serve as protection from your abuser until a more permanent restraining order is filed. An EPO may include personal conduct restraints such as exclusion from the residence, stay-away…
Read MoreDon’t Let a Domestic Violence Restraining Order Ruin Your Career
A recent Wallin & Klarich client was falsely accused of domestic violence and had a request for a Domestic Violence Restraining Order (DVRO) filed against him. A temporary restraining order was granted against him and he did not know where to turn. He knew that if a permanent restraining order were to be granted, it would ruin his career. The client turned to Wallin & Klarich for assistance in…
Read MoreCan I Kick My Spouse Out of the House? (Dwelling Exclusion Orders)
Dwelling Exclusion (or “kick out”) orders are orders by the judge that allow you to legally exclude your spouse or significant other from your home to gain sole possession of your home undear certain emergency circumstances. Under California Family Code 63211, if you meet certain requirements – typically in cases of domestic violence – your lawyer can go to a judge and obtain an exclusion order even if your spouse…
Read MoreHow Can I Issue an Emergency Restraining Order Against My Spouse in the Inland Empire?
There are two types of restraining orders you can obtain on an emergency basis. The first is a Domestic Violence Restraining Order, and the second is a Civil Harassment Restraining Order. Different Types of Restraining Orders A Domestic Violence Restraining Order is for persons who have or have had a marital or dating relationship, or are closely related to the person you are seeking the restraining order against. In situations…
Read MoreAutomatic Temporary Restraining Orders (ATROs) in Divorce Case (Family Code 2040)
Automatic Temporary Retraining Orders (or “ATROs”) are judicial orders that automatically take effect when one spouse files for divorce, annulment, or legal separation. These orders prevent both spouses from taking certain actions with regards to the couple’s children or joint assets. An ATRO will not take affect until one spouse receives the summons, which is a legal document that gives you notice that your spouse is filing for divorce.1 Purpose…
Read MoreWhat Is A Restraining Order? What Steps Will My Attorney Take On My Behalf To Attempt To Have A Restraining Order Granted?
What Is A Restraining Order? What Steps Will My Attorney Take On My Behalf To Attempt To Have A Restraining Order Granted? ________________________________ Domestic violence is a serious issue that affects individuals, families, and communities across the world. It is defined as abuse or threats of abuse between people who have an intimate relationship - whether married or not, dating, living together, or have children together. In Southern California, domestic…
Read MoreCalifornia Domestic Violence Restraining Orders
In the state of California, a Domestic Violence Restraining Order is a civil court order signed by a judge that protects you from abuse by anyone you have a close relationship with. Both women and men victims can seek legal protection that informs the abuser to stop the abuse or face serious legal consequences. This act is designed to protect you and/or your children under the age of 18 who…
Read MoreCan a Temporary Restraining Order Be Extended Permanently?
Recently, the California Court of Appeals issued a ruling on a case in which an ex-wife appealed a Los Angeles trial court’s decision to deny her a permanent renewal of her domestic violence restraining order against her ex-husband. Baldwin Eneaji v. Pamela Chimezi Ubboe Baldwin Eneaji and Pamela Chimezi Ubboe were going through a divorce case in Los Angeles County Superior Court. During these proceedings, Ubboe requested a domestic violence…
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