Is it Illegal to Have a Gun While Subject to a California Domestic Violence Restraining Order? California law provides that a person subject to a California domestic violence restraining order “shall not own, possess, purchase, or receive a firearm or ammunition” while the restraining order is in effect. If a person violates this law, known…
In California, Family Code section 6305 prevents a court from granting dueling restraining orders unless the court takes extra steps. Specifically, “the court shall not issue a mutual order enjoining the parties from specific acts of abuse” without “making detailed findings of fact indicating that both parties acted as the primary aggressor and that neither…
Judge Reversed for Awarding 50 percent visitation in Domestic Violence Case When a California family law judge issues a domestic violence restraining order, the person being restrained is not allowed to have sole –or even joint—custody of the parties’ children – unless that restrained person overcomes the presumption contained in Family Code section 3044 that…
The Consequences of Domestic Violence in California Divorce Cases What does domestic violence have to do with child custody? At least in California, the answer is “a lot”. We learned this once again recently when the California Court of Appeal, in a case called Noble v. Superior Court, granted emergency relief in a divorce case…
The Consequences of Domestic Violence in California Despite what public events have told us about the availability of firearms in the United States, the family courts in California have extremely strict laws regarding guns – at least when it comes to domestic violence matters. A person served with a domestic violence restraining order – even…
California Lawyer Becomes Subject to Restraining Order Himself There’s an old saying that it “ain’t your day”. That’s probably how a northern California attorney felt –and continues to feel—after a judge granted a two-year restraining order against him and in favor of his wife, only to have the wife successfully seek an order “renewing” the…
San Diego Divorce Court to Reopen Tuesday the 26th The San Diego County Superior Court (Family Law Division) has basically been closed since the middle of March, with the exception for the submission of paperwork to get an emergency temporary restraining order based on domestic violence or to get an emergency order regarding custody/visitation (and…
Woman Accuses California Man of Rape and Other Misconduct But Loses Bid for Domestic Violence Restraining Order Although, as I said several blogs ago, there seems to be a trend in California towards affirming judges who grant restraining orders and reversing those who deny them, the California Court of Appeal just affirmed a trial judge…
Another California Domestic Violence Case Mishandled The other day I wrote about a California domestic violence case where the judge made the responding party prove the allegations against her were not true and found that posting a nasty, private Facebook review was enough to impose a two-year restraining order. Not surprisingly, the judge was reversed.…
California court mishandles Domestic Violence case Would you like to read a blog about something else other than the coronavirus? I thought so. This blog will address domestic violence. The trend, it seems, for the past six years or so, has been for more and more cases to be issued by California’s Court of Appeal…
