Articles Posted in Restraining Order

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We spend a lot of time on this blog discussing some of the complicated and intricate legal issues that arise in a variety of family law cases. Sometimes, however, it’s more basic matters that can gum up the works. That includes matters like service of process, as California’s Fourth District Court of Appeals recently explained.

paper-2-828750-mWife filed for an annulment of her marriage to Husband and for a permanent restraining order against him in June 2010. A trial court initially entered a default judgment against Husband when he failed to respond to the petition and restraining order. It set the ruling aside a month later, however, after Husband said he was never served with the paperwork. A person being sued for divorce or annulment must be properly served in order to be required to respond and show up in court. Although a process server said he and another server properly served the petition and restraining order, the judge found that his testimony wasn’t credible. “I didn’t believe a word the man said,” the judge concluded. Husband also provided information showing that he didn’t live at the address where the documents were supposedly served.

On appeal, Wife argued that the trial judge didn’t allow her to provide certain evidence necessary to prove that Husband had been properly served. She claimed in particular that she had planned to call the second process server as a witness at an earlier hearing that the trial judge ultimately rescheduled due to illness. But the Fourth District found that Wife wasn’t prejudiced by the scheduling change. “The problem with [Wife]’s claim is that she fails to identify what ‘important information’ was not produced and what ‘vital testimony’ was not provided that would have changed the outcome,” the Court said.

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A review of existing scientific literature on the association between domestic violence and high abortion rates, finds that as many as 25% of all women who have had abortions have a history of domestic violence.

The review was conducted by researchers at Kings College London, and the findings were published recently in the journal PLOS Medicine. The review was based on analysis of as many as 74 studies that probed a possible link between domestic violence, and women who have had abortions.

The study’s findings were disturbing to San Jose family lawyers, to say the least. According to the study, across the world, between 2% and 30% of all women who had an abortion had been victims of domestic violence at some point during the previous 12 months. Between 14 % and 40%, also had been victims of domestic violence at some point in their lives. Overall, the study estimates that a quarter of all women worldwide who have had an abortion, have also been victims of domestic violence. Domestic violence in this case, includes not just physical violence, but also emotional, psychological and sexual violence.

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Both men and women can be involved in domestic violence. The term domestic violence applies to many different levels of violence that can create a situation that poses a very real danger for the spouse who is being victimized. When these situations arise in California, the victim can seek a domestic violence restraining order against the other partner.

A restraining order can involve both criminal and civil implications for the party who is the assailant. Once a restraining order has been granted by a judge, the order requires the assailant to avoid contact with the victim. A violation of a restraining order can be penalized with jail time.

Domestic violence restraining orders are essential protections for a victim of abuse, but need to be addressed properly by an experienced attorney to ensure the restraining order is granted by the court. A tragic event happened to a California woman that highlights the importance of obtaining a restraining order.

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The San Francisco, California, county sheriff has been sentenced in connection with the domestic violence charges that were filed against him earlier this year. The sheriff was accused of domestic violence in February 2012 after an incident with his wife. The trial for the case has been highly publicized during the proceedings. The sheriff has been convicted and the focus has shifted to the repercussions the sheriff will face because of the conviction.

The California sheriff has been convicted and received a probation sentence of three years. In addition to the probation, the sheriff is also required to attend a year-long anti-domestic violence counseling program, complete community service and attend parenting classes.

The sheriff entered into a plea agreement, which required him to plead guilty to the charge of false imprisonment. In exchange for the guilty plea to the false imprisonment charge, three other charges for child endangerment, domestic violence and dissuading a witness were dropped.