Obtaining a Restraining Order

Restraining Order

Obtaining a Restraining Order

A restraining order can be issued when one party disturbs the peace of another party. Family Code sections 6203 and 6320 defines domestic violence to include acts which disturb the peace of the other party. This section was enacted to protect victims of domestic violence who may not suffer physical violence but who are being harassed by their partners. The code is designed to stop harassing messages either in the form of texts or emails or any other contact that disturbs the peace of another. If the level of contact rises to the point where it is interfering with the peace of the victim, the court will issue a restraining order prohibiting future contact.

EC 6203(b): Abuse is not limited to the actual infliction of physical injury or assault.

EV 6320 (a): The court may issue an ex parte 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.

If you need a divorce lawyer in the Orange County area to discuss a domestic violence issue or a dissolution issue such as child support, custody, spousal support, 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.

Family Code sections 6203 and 6320 defines domestic violence to include acts which disturb the peace of the other party.

Family Code sections 6203 and 6320 defines domestic violence to include acts which disturb the peace of the other party.

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