Kelly Rutherford and her estranged husband, Giersch, have been involved in a custody battle over their two children. Rutherford alleges that Giersch has been randomly showing up and threatening her, her mother and her nanny and scaring them, so much so that the nanny became upset and quit. Media reports indicate that Giersch has also shown up at restaurants and blocks Rutherford so she is unable to leave. On October 15, 2009 the court will hear evidence from both Rutherford and Giersch to determine if a restraining order is necessary.

The court can grant a restraining order on the basis of stalking and harassment, even without any physical violence or threat of violence. If the court believes Rutherford and the children need the protection of the court, the restraining order can be granted for a period of three to five years.

Restraining orders in California are on your permanent records and can affect you negatively for the rest of your life. Whether you are requesting a restraining order or are fighting a restraining order, it is a very serious matter and parties should seek the assistance of an experience family law attorney.

Wallin & Klarich has more than 30 years of experience in family law. Our attorneys know from long experience what works in a divorce case, and are prepared to fight to get you the best possible outcome. With 16 attorneys in 33 offices throughout Southern California, we can be there when you need us — wherever you are. If you’re thinking of hiring an attorney for an immediate divorce, call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.