A Restraining Order Issued in Juvenile Court Can be Renewed in Family Court

In Priscila N. v. Leonardo G. Priscila was the victim of domestic violence and requested the family court to renew a restraining order she first obtained in juvenile court.

FACTUAL BACKGROUND OF THE REQUEST TO RENEW THE PROTECTIVE ORDER

The parties in this case were previously married. A petition for divorce was filed in family court. While the family court matter was pending, a dependency proceeding was filed in juvenile court. The juvenile court issued a restraining order against Leonardo then terminated the juvenile action. Just before the expiration of the juvenile court’s restraining order, Priscila filed a request to renew the restraining order in family court.

RESTRAINING ORDER TRIAL PROCEEDINGS

At first the family court made an order to renew the restraining order, but later it reversed its decision believing that it did not have the jurisdiction to renew a restraining order which was first issued in juvenile court. Priscila appealed the decision.

APPEAL OF THE DENIAL TO RENEW THE RESTRAINING ORDER

The Second Appellate District Court agreed with Priscila. It stated that the legislative history supported the view that the legislature did not want to re-victimize the victims by requiring them to get new restraining orders in the family court. In addition, the main purpose of the law is to strengthen the law to protect victims of domestic violence.

DO YOU NEED HELP WITH ISSUES RELATED TO PROTECTIVE ORDERS?

If you need legal advice and are looking for a family law lawyer in Orange County to address a restraining order or any divorce matter such as legal separation, annulment, custody, spousal support and/or property division, please consider Treviño Law in your divorce attorney search. We are located in Laguna Hills right off Lake Forest exit to both the 405 and 5 freeway.

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Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716-2102
Visit us at
www.LawintheOC.com

Although the posting of this information can be considered free legal advice for a divorce in Orange County, it does not guarantee that there are other facts which may play a significant part in a dissolution. Circumstances in a divorce case may alter the required action and analysis taken by a family law attorney in California.

Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc.
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