Category Archives: domestic violence abuse

Restraining Orders and Personal Jurisdiction

Acts of abuse directed towards residents of California can result in the abuser being subject to personal jurisdiction in California even if the abuser does not live in California. That was the result of In re Marriage of Hogue. FACTUAL … Continue reading

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Self Defense and Restraining Orders

Domestic violence was at issue in In re Marriage of Grissom. The court was tasked with deciding whether or not self-defense can be used to prevent the issuance of a restraining order. FACTUAL BACKGROUND FOR THE DENIAL OF THE RESTRAINING … Continue reading

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Security Bonds and Vexatious Litigation

Parisi v. Mazzaferro is a civil harassment restraining order case. Although this case involves a civil harassment restraining order rather than a domestic violence restraining order, it still sheds light on the parameters of domestic violence restraining orders. The case … Continue reading

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Custody and Restraining Orders for Domestic Violence

The parents in Celia S. v. Hugo H. had two children together but were never married. The issue for the appellate court to determine was whether a time share of 50 percent visitation violated the presumption of sole physical custody … Continue reading

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Renewal of Restraining Orders

Perez v. Torres-Hernandez involves the renewal of a restraining order before the original restraining order expires. FACTUAL BACKGROUND LEADING UP TO THE RENEWAL OF THE RESTRAINING ORDER The victim in this case was originally granted a restraining order because of … Continue reading

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Domestic Violence Restraining Orders in California

Judges adjudicate family law matters in most cases. However, in some circumstances a commissioner rather than a judge will be assigned to determine a case. Before the case may be adjudicated by a commissioner, the parties must agree to have … Continue reading

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Past Acts of Domestic Violence are Sufficient Cause to Issue a Permanent Restraining Order in California.

In Rodriguez v. Menjivar, the appellate court considered whether future acts of abuse need to be proved in order for the court to issue a permanent restraining order in a domestic violence case when past acts of violence have been … Continue reading

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Domestic Violence and Custody in California

The Fourth Appellate District Court addressed whether a finding of domestic violence prohibits the perpetrator from having joint or legal custody of the minor children. FACTUAL BACKGROUND LEADING TO THE CUSTODY DISPUTE The parties were in the process of getting … Continue reading

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Domestic Violence and Spousal Support

In Priem v. Priem the court denied temporary spousal support to the wife pending the dissolution of marriage, becauseĀ  the wife previously entered a nolo contendere plea to a misdemeanor domestic violence charge. FACTUAL BACKGROUND LEADING TO THE DISSOLUTION The … Continue reading

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In an Orange County Divorce, Can a Judge Reallocate a Temporary Order of Child Support to Spousal Support at the Time of Trial?

In Re Marriage of Macmanus decided the issue of whether a temporary order of child support can be reallocated to spousal support at the time of trial. FACTUAL BACKGROUND LEADING TO THE DISSOLUTION OF MARRIAGE The parties in Macmanus had … Continue reading

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