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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…
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…
TRO Violations Lead to Possible Permanent Domestic Violence Restraining Order If a California judge grants a temporary restraining order and then, before the hearing, the restrained person makes what the judge considers “technical violations” of the order, is that enough to grant a permanent restraining order at the next hearing? The answer is yes, according…
California Justices Say Man can talk about his Divorce on Facebook Are you allowed to talk about your California divorce case on social media? After a published case from the Court of Appeal, the answer apparently is yes unless the judge restricts you from talking on social media about the divorce to your own children…
Does Your English Count? Does your ability to speak English affect your right to child custody or visitation. No, says the California Court of Appeal in a recent San Diego family law case. In this case, entitled S.Y. v. Superior Court, the appeals court ruled 3-0 that the trial judge was wrong to rely on…
Wife Attacks Husband but Restraining Order is Denied You would think that a woman who slapped her husband twice in their home and then pushed him and scratched his neck, before grabbing his cell phone out of his pocket and walking or running away before being arrested, would have a domestic violence restraining order entered…
“She started it”! That’s something we might hear one sibling say about another one, but it’s also the argument that appears to have worked for a man in a California divorce case. In the case of Marriage of G., the wife (“Valerie”) filed for divorce in San Diego and at the same time requested a…
I remember a case I had years ago where the alleged victim of domestic violence obtained a temporary restraining order but then engaged in consensual sex with the alleged perpetrator before the hearing where the judge would decide whether to make a temporary restraining order permanent. Based on the incidence of sex, the judge dissolved…
California Family Code section 3044 says that a parent who has committed domestic violence against the other parent within five years is not allowed to have sole –or even joint– physical or legal custody of the parties’ children, unless the perpetrating parent proves by a preponderance of the evidence that he or she should, in…
When abuse occurs between two unmarried people who are not related to each other and who have never had children together, California Family Law Courts only have power to issue a restraining order if the individuals have a “dating relationship”. Most people can figure out when people are dating or not, but it can be…