Divorce and Family Law in Orange County.


By Denise Trevino

Family Code section 6320 allows a court to issue a restraining order when one family member disturbs the peace of another family member. The ordinary meaning of disturb is to agitate and destroy the quiet of another person's peace. Peace is freedom from worry. The plain meaning of the section means that one party destroys the mental or emotional calm of the other party.

Family Code section 6320(a) and (b) states:

The court may issue an ex party order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating as described in Section 528.5 of the Penal Code, falsely personating as described in Section 529 of the Penal Code, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members.

On a showing of good cause, the court may include in a protective order a grant to the petition of the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent. The court may order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming or otherwise disposing of the animal.