Affordable Family Law Attorney Chico

Affordable Family Law Attorney Chico

Wednesday, August 29, 2018

Sad Truth About DOMESTIC VIOLENCE RESTRAINING ORDERS CALIFORNIA

IF someone files one on YOU--- the legal rules are already against you.

In fact if you can't defend against it, it's almost automatic that the same order will be lodged against you in 3 years, for the same thing. Oh, you say you didn't do anything new to bring a new DV restraining order?

 LOL-- you don't need to have done much.

According to the  case published in California 2018, , First Appellate District, all the person bringing the DV has to do, without a showing of any further abuse since the issuance of the original order, is to file another DV TRO, even without any proof of any abuse during the last time it was issued.

According to the new case, the filer only needs to simply claim 
he/she has a reasonable apprehension of future abuse.

And according to the case, phone calls or texts can do this. Also in the case, the person filing the DV attested that the ex had abused her children, even if not her....that the ex claimed "children pay the consequences."

Well that one sentence alone probably would generate a new DV TRO, but the fact is even if that was not the case, the published case seemingly indicates that the facts of each case are not only super important, they are critical to begin with.

Many DV TROs  do not come close to meeting the standard required even for a new DV TRO but they are routinely granted.

Whether or not they would be "re-granted" after 3 or 5 years, is another question.  If you are in this boat and one is "re-granted" against you, get legal help, especially if you are trying to gain more custody or visitation.  Attorney herein handles both family law and criminal defense and a DV TRO defense pretty much requires one who does criminal defense work.






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