Restraining Orders from Different Courts
Lugo v. Corona involved both a Domestic Violence Restraining Order and a criminal protective order.
While the parties were married they engaged in a physical altercation. The wife slapped the husband. In turn, he grabbed her by the neck and pushed her on the couch. He then threatened to kill her if she did anything against him. A criminal protective order was issued against the husband, and the wife filed a request for a Domestic Violence Restraining Order against her husband in family court.
The trial court denied the Domestic Violence Restraining Order, because the wife already had a criminal protective order which prevented the husband from coming in contact with the wife. The wife appealed the denial.
The Second Appellate District Court agreed with the wife. It held that both the family law statutes and the penal code allow two protective orders to be issued simultaneously. The statutes allow for one to be from the criminal court and one to be from the family law court.
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, 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 address other factors which may play a significant role in a particular dissolution. Circumstances in your divorce may alter the results in your dissolution.
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