The denial of a restraining order and judicial bias were at issue in the case of Jennifer K. v. Shane K.
The parties in this case had a child together. Their dating relationship ended in 2007. In 2017, Jennifer filed a restraining order against Shane alleging that their daughter was the product of a rape perpetrated against Jennifer by Shane. In addition, Jennifer alleged that she was afraid of Shane.
The family court heard testimony from multiple witnesses. Many of the witnesses failed to corroborate Jennifer’s story. In fact, most of the witnesses corroborated Shane’s story. The family court denied the restraining order stating that Jennifer’s subsequent actions did not reflect someone that was afraid of another person. The behavior was also not consistent with a person who had been raped. Jennifer appealed the order stating that the judge’s bias against rape victims prevented him from analyzing the case properly. According to Jennifer, the judge revealed his bias when he stated that only forcible rape should be considered a rape.
The Court of Appeal upheld the denial of the restraining order. Based on the record, the trial judge weighed all of evidence of the parties and their credibility. According to the trial court, the credibility weighed in favor of Shane. The appellate court noted that the rape allegations were not disclosed to any one and only surfaced when Shane married someone else, had another child, and excluded Jennifer from his home. It also stated that the trial court noted that Jennifer had alleged that the rape was forcible and that the trial court did not state that rape must be violent, only that Jennifer did not prove that she was forcibly raped.
If you need legal advice and are looking for a family law lawyer in Orange County to address a a restraining order issue or 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.
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