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…
Read MoreHow Can Restraining Orders Affect Spousal Support?
Domestic violence is a common issue that arises during divorce. Oftentimes, a criminal investigation must take place in order to prove that the alleged domestic violence actually occurred. This typically slows down family law proceedings. For example, what happens when one party during a divorce cannot afford to move away from his/her former spouse and into a safe environment, but cannot attain spousal support due to the ongoing criminal investigation…
Read MoreWhat to Do if a Domestic Violence Restraining Order is Filed Against You
What is a Domestic Violence Restraining Order? A domestic violence restraining order, also known as a “DVRO” for short, is an order issued by the Court to protect people if there are allegations of abuse or threats of abuse that have been raised. A DVRO is a very serious matter, and can have a negative impact on your life. For example, the DVRO can be used to make the following…
Read MoreCourt Grants Restraining Order Under the Domestic Violence Prevention Act for Husband’s Public Disclosure of his Former Wife’s Private Emails
In In Re Marriage of Nadkarni, 2009 DJDAR 7158, the court found that the Husband’s accessing his former wife’s private email account constituted abuse under the domestic violence prevention act. An application for a restraining order must allege “abuse” under the Domestic Violence Prevention Act. California Family Code Section 6320 states that “disturbing the peace of the other party” falls within the meaning of “abuse.” In this case the former…
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