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Domestic Violence and Other Restraining Orders
Restraining orders come in two basic varieties - those relating to domestic violence and those affecting the transfer of property or creation of debt.
Michael Spiekerman abhors domestic violence. He also recognizes that domestic violence claims are sometimes overused and under-supported by competent evidence or a history of abuse. Domestic violence restraining orders may give a spouse or domestic partner a strategic advantage over the control of a family residence, custody of children, or the obligation to pay spousal support. This is because DV orders often include "kick out" orders, they create a legal presumption that the domestic violence perpetrator should not share joint legal and physical custody of minor children, and a person who has had any domestic violence orders issued against them may be deemed ineligible to receive alimony from the victim spouse. Of course, persons who have had these types of orders issued against them on a permanent basis are not entitled to own or possess firearms - possibly forever.
For these reasons if the other spouse or domestic partner has accused you of abusive conduct or behavior and has filed for these types of orders, you may want to take the proceedings very seriously. Because rules of evidence govern the admissibility of your proof that you did not commit the alleged acts of abuse, you probably want to have a competent legal professional at your side at once.
Garden variety property restraints are not nearly as complicated but they may have important consequences for you. It is essential that early on in a dissolution or legal separation that the status quo be frozen so that one spouse is not able to conceal or squander valuable assets in which you may have a community property interest. While it is true that the California Family Law Summons contains Automatic Temporary Restraining Orders (ATRO's) this may not be enough to ensure that your interests are preserved. If you share substantial assets or there are things that are important to you that deserve being preserved, consider contacting our office.
The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create an attorney-client relationship, nor does the receipt or viewing of this information constitute an attorney-client relationship.
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