Category Archives: Restraining Order

Domestic Violence and Custody

The family court in Jaime G. v. H.L. awarded custody to the father after he was found to have perpetrated domestic violence against the mother. FACTUAL BACKGROUND OF THE CUSTODY DISPUTE The parents in this case were never married. The … Continue reading

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A Restraining Order Issued in Juvenile Court Can be Renewed in Family Court

In Priscila N. v. Leonardo G. Priscila was the victim of domestic violence and requested the family court to renew a restraining order she first obtained in juvenile court. FACTUAL BACKGROUND OF THE REQUEST TO RENEW THE PROTECTIVE ORDER The … Continue reading

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Renewal of Juvenile Court Restraining Orders After Termination of Juvenile Case

Garcia v. Escobar resulted in the issuance of a restraining order in juvenile court and the termination of the court’s jurisdiction even though the restraining order was still valid. FACTUAL BACKGROUND OF THE RESTRAINING ORDER REISSUANCE The juvenile court issued … 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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Spousal Support and Restraining Orders in California

     In re Marriage of J.Q.and T.B. involved domestic violence issues, the issuance of  a permanent restraining order based upon alleged abuse, as well as a request for spousal support. FACTUAL BACKGROUND OF THE DOMESTIC VIOLENCE RESTRAINING ORDER      The parties … 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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