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Orange County Divorce Blog

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Permanent Restraining Orders

In re Marriage of Martindale and Ochoa discussed permanent restraining orders.

The parties were together for four years before a restraining order was issued. Just before the restraining order expired, the ex-wife filed for a permanent restraining order.

The ex-wife argued at court that the ex-husband violated the restraining order several times during the original three-year restraining order. She stated that he made false allegations of child abuse against her, worked-out at the same place she did, and arrived at various places that she frequented. The ex-husband testified, that he went out of his way to avoid his ex-wife, and as soon as he knew he was in the same place as she was, he would leave. He also testified that his ex-wife joined a gym after he did, knowing that he worked out at that gym. He also said that made disparaging remarks about him. The trial court denied the permanent restraining order because the ex-wife did not demonstrate fear. The wife appealed the order.

The appellate court agreed with the trial court. It upheld the order stating that the ex-wife did not demonstrate fear, the ex-husband testified that he avoided places that she frequented, and that the ex-wife joined the same fitness club that he did. The ex-wife’s actions demonstrated that she no longer had a concern for her safety.

If you need legal advice and are looking for a family law lawyer in Orange County to address a dissolution issue such as restraining orders or any other divorce matter such as legal separation, annulment, custody, child support, 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.

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.