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What does it take to renew a restraining order?

On Behalf of Cullen Family Law Group | Jul 21, 2017 | Domestic Violence |

If you have an existing restraining order against an abusive ex-partner, what does it take to renew it? A recent decision by the California Appellate Court provides some important clarification on the matter.

Initially, a lower court ruled that a domestic violence victim was not entitled to renew and extend the protective order she had against her ex-boyfriend even though he had physically abused their children and harassed her by phone and text multiple times since the original order was obtained. In some of his phone calls and texts he mentioned the kids and said that they would “pay the price” for their mother’s continued involvement with the court.

According to the lower court’s logic, the violence against the children wasn’t relevant to their mother’s case. In addition, the lower court ruled that the victim couldn’t renew the protective order unless she could show the court that there was new abuse or explicit threats of a physical nature from her ex. The court reasoned that the phone calls and texts were intentionally annoying — but not actually abusive.

The appellate court disagreed. Under California’s laws, one of the specific definitions of abuse includes acts that would make a reasonable person afraid for his or her own physical safety or the safety of another. Another definition includes any act that could be prohibited via a restraining order — which would include any annoying or harassing phone calls and texts.

By reversing the lower court’s ruling, the higher court essentially reinforces several key things that victims (and their abusers) need to keep in mind:

  • It doesn’t take physical violence to be abusive.
  • Victims are entitled to protection from all forms of abuse, including the psychological or emotional abuse that comes from threats aimed at their children or other family members.
  • Any contact that violates a restraining order is enough to warrant the extension of the protective order.

If you’re the victim of domestic violence, it’s important to seek help with protective orders when you need it. If you’re in need of assistance when you’re trying to renew an order, talk to an attorney about your case.

Source: www.policeone.com, “Domestic violence restraining orders: 3 takeaways from the recent court decision,” David Cropp, June 30, 2017

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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