In re Marriage of Martindale and Ochoa discussed permanent restraining orders.
The parties were together for four years before a restraining order was issued. Just before the restraining order expired, the ex-wife filed for a permanent restraining order.
The ex-wife argued at court that the ex-husband violated the restraining order several times during the original three-year restraining order. She stated that he made false allegations of child abuse against her, worked-out at the same place she did, and arrived at various places that she frequented. The ex-husband testified, that he went out of his way to avoid his ex-wife, and as soon as he knew he was in the same place as she was, he would leave. He also testified that his ex-wife joined a gym after he did, knowing that he worked out at that gym. He also said that made disparaging remarks about him. The trial court denied the permanent restraining order because the ex-wife did not demonstrate fear. The wife appealed the order.
The appellate court agreed with the trial court. It upheld the order stating that the ex-wife did not demonstrate fear, the ex-husband testified that he avoided places that she frequented, and that the ex-wife joined the same fitness club that he did. The ex-wife’s actions demonstrated that she no longer had a concern for her safety.
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