Restraining Orders

Restraining Orders

Restraining Orders

Whenever a petition for domestic violence is filed through an Orange County domestic violence attorney, the judge must review the criminal record of the alleged abuser. If the alleged abuser has a conviction for a violent felony or a misdemeanor for domestic violence, weapons or other violence, the court can use the information as the basis to issue a restraining order in the current family law situation. If the criminal record does not include any convictions, then the court must destroy the record and it does not become part of the domestic violence proceedings. However, if the court uses the information, then the divorce attorney for either party may obtain a copy of the record, but the criminal record does not become part of the domestic violence record, and its distribution is severely limited.

If you need a divorce lawyer in the Orange County area to help you with a restraining order, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.

Please note that the posting of this family law blog is informational only. Specific circumstances and laws may determine the outcome of your particular situation and it is important to contact an attorney to analyze your situation. 

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.

4/2011

A judge can review the criminal record of a restrained person to determine if a permanent restraining order should be issued.

A judge can review the criminal record of a restrained person to determine if a permanent restraining order should be issued.

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