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…
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…
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…
Family Law Courts Affected by Emergency In California, family law means court cases about divorce, including child custody, child support, spousal support, property division and domestic violence. It also means other cases involving those issues like paternity cases, which are cases between people who had at least one child between them but were never married.…
A married couple was found dead in their home earlier this month in Oceanside in northern San Diego County. The deaths are being called a murder-suicide, attributed to the upcoming finality of a pending divorce. According to a neighbor, the couple had been married for seven years when the wife filed for divorce, ostensibly because…
In the event of physical violence, harassment or threats, or emotional, psychological or financial abuse, a spouse can fairly easily obtain a temporary restraining order (TRO) against the other spouse. The TRO can order the abusive spouse to move out of the house and avoid all contact with the other spouse, the children or even…
