There has been a move towards changing the law so that victims of domestic violence may get restraining orders before physical violence occurs. By law a victim of domestic violence may obtain a restraining order if the other party disturbs the victim’s peace. However, the court will look to all the circumstances of the case to determine if the alleged victim’s peace was actually disturbed.
Take Nancy and Todd’s situation. Nancy accused Todd of disturbing her peace. She said that he called her, emailed her, and texted her incessantly. The messages he left said things like “burn in hell” or that she was a “seed of Satan.”
Todd responded by saying that the messages were made as a result of being frustration because he believed he was being excluded from his daughter’s life. While talking to his daughter on the phone when she was in her mother’s custody, many of his calls would suddenly end without explanation. Todd assumed that Nancy was ending the calls prematurely. Todd reacted to those ended calls by sending numerous, hateful messages to Nancy. The family law judge held that the circumstance in which these unfortunate comments were made shows that they were in response to custody rather than acts of abuse.
If you need a divorce lawyer in the Orange County area to discuss a family law matter such as spousal support or any other dissolution issue such as child support, custody, transmutation or property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.
Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County.
Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.