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Domestic Violence/Restraining Orders
Domestic violence is defined as violence that occurs in the home, usually between family members, spouses or partners. If a victim of domestic violence applies for and is granted a "restraining order" against the perpetrator of the domestic violence, that perpetrator will usually be required by law to stay 100 yards away from the victim at all times while the restraining order remains in effect.
First and foremost, if you are a victim of domestic violence, you should call the police immediately. Once the police have been called, and you have been removed from any danger, we recommend that you request of the police officer an emergency restraining order which may be issued at any time, day or night and will usually remain in effect for several days. As soon as you have obtained one, we recommend you call our office to get a temporary and / or permanent restraining order from the court. We are very familiar with the court procedure that is required for taking out restraining orders.
We can go to court on your behalf, on an emergency basis, without notice to the perpetrator, to get a temporary restraining order against the perpetrator. Once this is accomplished, we can work together on getting a "long-term" restraining order. In order for an alleged abuse victim to get a restraining order from the court against the accused perpetrator of violence, the alleged victim must have evidence that they are afraid of perpetrator and that their fear is based on past domestic violence and the threat of future violence. If the court grants the restraining order, and the perpetrator violates the order, the victim can call the police and have the perpetrator arrested.
In the context of family law, particularly child custody disputes, retraining orders can be problematic. If you have a restraining order taken out against you, and you are involved in a child custody dispute, you will be at a disadvantage. It is important to seek legal counsel immediately in order to protect your civil rights.
If you are the victim of violence and have taken a restraining order out on someone with whom you are involved in a custody dispute, it is equally important to seek legal counsel immediately to ensure that the Court hears all necessary and relevant evidence that your legal counsel can gather.
Automatic Restraining Orders When Petition is Filed
Once the Summons and Petition for Dissolution of Marriage have been filed with the Los Angeles Superior Court, the following standard restraining orders, which are set forth on the reverse side of the Summons, will be in full force and effect. These mutual restraining orders are issued automatically and apply in every case. These orders restrain the parties from:
- Removing any minor child or children of the parties from the State of California without the prior written consent of the other party or an order of the court;
- Cashing, borrowing against, cancelling, transferring, disposing of or changing beneficiaries of any insurance or other coverage, including life, health, automobile and disability, held for the benefit of the parties and their minor child or children; and,
- Transferring, encumbering, hypothecating, concealing or in any way disposing of any property, real or personal, whether community, quasi-community or separate, without the written consent of the other party or an order of the court, except in the usual course of business or for the necessities of life.
You must notify each other of any proposed extraordinary expenditures at least five (5) business days prior to incurring these extraordinary expenditures and account to the court for all extraordinary expenditures made after these restraining orders are effective. However, nothing in the restraining orders shall preclude you from using community property to pay reasonable attorney's fees in order to retain legal counsel in the action.
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