Disturbing the Peace
N.T., v. H.T. involved continues violations of a temporary restraining order and whether those violations amounted to domestic violence in Orange County justifying a permanent restraining order.
The court issued a temporary restraining order enjoining the husband from harassing the wife. The order made an exception for peaceful exchanges of custody for the parties minor child. No permanent restraining order was issued and the parties later extended the temporary order for nine months. Just before the temporary order expired, the wife requested that it become a permanent restraining order.
The wife asked for the permanent restraining, because the husband repeatedly violated the temporary restraining order. The husband often took advantage of the custody exchanges asking his wife to get back together with him. He appeared in her neighborhood even though there was an order that he not obtain his wife’s current address. In addition, he appeared early and in a different location for his custody pick up knowing his daughter was in a different place than where the custody exchange was to occur. The family court denied the restraining order. The judge stated that the violations of the temporary restraining order were technical and not harassing in and of themselves.
The appellate court disagreed with the trial court and stated that standing alone all of those violations could justify a restraining order. Family Code Section 6320 states that a court may enjoin acts that disturb the peace of another. The act of discussing their relationship during custody exchanges, being in his wife’s neighborhood after he was ordered to stay away, and obtaining custody from a different location were all acts of disturbing the wife’s peace. Therefore, it could be appropriate in these circumstances to issue a restraining order.
If you need legal advice and are looking for a family law lawyer in Orange County to address a restraining order or a divorce matter such as legal separation, annulment, custody, spousal support, child support, 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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