In McCord v. Smith both parties filed a request for a restraining order.
McCord and Smith were engaged. When their engagement ended, McCord started sending her emails, arriving at her work, texting her during dates with other people, and sending her pictures of her license and of herself nude. McCord filed a request for a restraining order first and then Smith filed one.
During the restraining order proceedings, Smith had several people testify who witnessed McCord’s behavior. All of them corroborated Smith’s story. In respect to McCord’s allegations, his dates were inconsistent. In addition, he admitted that he sent the text of her license and nude pictures, because he was trying to help her with her affairs. The family law judge issued a retraining order against McCord and denied the restraining order against Smith. McCord appealed.
The Fourth District Court upheld the issuance of the restraining order against McCord. The district court stated that it is the family law judge who weighs the credibility of the witnesses. The appellate court will not overturn an order unless the trial court’s order exceeded the bounds of reason or no reasonable judge would make the same order. In this case the findings that McCord’s actions were a means to exercise control and dominion over Smith were sufficient to issue a restraining order. According to the appellate courts, his actions disturbed her peace and validated the restraining order.
If you need legal advice and are looking for a family law lawyer in Orange County to obtain a restraining order or representation during a divorce matter such as legal separation, annulment, custody, spousal support, child support, and/or property division, please consider Treviño Law in your divorce attorney search. We are located in Laguna Hills right off Lake Forest exit to both the 405 and 5 freeway.
Although the posting of this information can be considered free legal advice for a divorce in Orange County, it does not address other factors which may play a significant role in a particular dissolution. Circumstances in your divorce may alter the results in your dissolution.
Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc.