Category Archives: Protective Orders

Evidence for a Restraining Order

In re Marriage of Davila and Mejia addressed the notice required before a court can issue a restraining order. FACTUAL BACKGROUND OF THE RESTRAINING ORDER The parties were going through a divorce. The wife had teenage children from a previous … 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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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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A Failure to File a Motion to Quash in Orange County May Result in a Loss of Rights

In Sabato v. Brooks, the appellate court upheld a restraining order even though the Respondent claimed that the court lacked personal jurisdiction over him. FACTS WHICH LED TO THE RESTRAINING ORDER The parties were divorced in 2012. Thereafter the Respondent … 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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