• Facebook
  • Youtube
  • Linkedin
  • Twitter
  • Instagram
  • Vk
Call Us At: (408) 553-0801
Lonich Patton Ehrlich Policastri
  • Home
  • About
    • Why LPEP
    • Our Attorneys
    • Locations
      • San Jose
      • Santa Cruz
      • San Francisco
    • Testimonials
  • LPEP Spotlight
  • Practice Areas
    • Family Law
      • Annulments
      • Certified Family Law Specialists
      • Child Custody and Visitation
      • Child Support
      • Divorce and Your Estate
      • Divorce Litigation
      • Divorce Planning
      • Domestic Partnerships
      • Domestic Violence
      • Enforcement and Modifications
      • Extramarital Affairs
      • Grandparents’ Rights
      • Harassment
      • Legal Separation
      • Mediation and Collaborative Divorce
      • Parental Relocations
      • Paternity
      • Postnuptial Agreements
      • Prenuptial Agreements
      • Property Division
      • Restraining Orders
      • Same Sex Divorce
      • Spousal Support and Alimony
    • Estate Planning
      • Business Succession Planning
      • Power of Attorney
      • Probate
      • Trust Administration
      • Trust and Probate Litigation
      • Trusts
      • Wills
  • FAQ
    • Estate Planning FAQ
    • Family Law FAQ
  • Blog
  • Pay Now
  • Resources
    • Family Law Resources
    • Family Law Terms
    • Estate Planning Resources
  • Contact Us
    • Careers
  • Get a Free Consultation
  • Menu
Julia Lemon

Recent Developments Re: Domestic Violence Restraining Orders

November 13, 2009/in Family Law /by Julia Lemon

In the recent case of In re Marriage of Nadkarni (173 Cal. App. 4th 1483), Husband accessed Wife’s private email account during a custody proceeding to find out information about her whereabouts; he then attached emails to pleadings filed with the court and alleged that he obtained other information that was inflammatory and sensitive that he planned to use in future litigation.  Wife filed a request for a Domestic Violence Temporary Restraining Order under the Domestic Violence Prevention Act (DVPA), asserting that Husband had improperly accessed her private email account without her authorization and was threatening to use inflammatory material to detrimentally affect her business relationships and embarrass her in court.  She also alleged that Husband used information from her email account to monitor her social calendar, and that his knowledge of her activities, coupled with his history of spousal abuse, made her fear for her safety.  While the trial court initially granted a Temporary Restraining Order, it subsequently determined that Husband’s conduct did not rise to the level necessary for an extended DVPA restraining order and dismissed her application.

On appeal, the court determined that a restraining order could be issued to prevent someone from, among other things, stalking, threatening, harassing, making annoying phone calls, or disturbing the peace of the person making the application or his or her family members; violent conduct or actual physical harm is not necessarily required.  It then defined “disturbing the peace” to include “conduct that destroys the mental or emotional calm of the other party.”  Therefore, the court reasoned that Husband could certainly have disturbed Wife’s mental and emotional calm by accessing her email account, reading her emails, and publicizing their contents, and her application sufficiently alleged conduct that could be threatening and injurious to her mental and emotional well-being.  Therefore, the trial court should have held a hearing on the issue.

This case is important because it clarifies that the statutes pertaining to domestic violence should be interpreted broadly and that the court should focus on the big picture and the context of victimizers’ acts when addressing domestic violence related matters to ensure that they are handled fairly and appropriately.

Excerpted from California Family Law Report July 2009 at http://www.cflr.com/com/2009_07.php

Share this entry
  • Share on Facebook
  • Share on Twitter
  • Share on Linkedin
  • Share by Mail
https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Julia Lemon https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Julia Lemon2009-11-13 12:52:592021-12-22 22:05:38Recent Developments Re: Domestic Violence Restraining Orders
Learn more about estate planning with a free resource
Read all about family law and child custody
Learn more about family law matters such as private divorce counseling.

Categories

  • 2021
  • 2022
  • 2023
  • 2024
  • 2025
  • Business Law
  • Estate Planning
  • Family Law
  • Firm News
  • In the Community
  • News
  • Personal
  • Probate
  • Spotlight

Posts From The Past 12 Months

  • July 2025
  • June 2025
  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024

Explore Our Archives

Free 30-Minute Family Law or Estate Planning Consultation

8 + 0 = ?

Contact Us

LONICH PATTON EHRLICH POLICASTRI

1871 The Alameda, Suite 400, San Jose, CA 95126
Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com

LONICH PATTON EHRLICH POLICASTRI

Phone: (408) 553-0801
Fax: (408) 553-0807
Email: contact@lpeplaw.com

1871 The Alameda, Suite 400
San Jose, CA 95126

Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, specifically San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, San Benito, and San Francisco. For a full listing of areas where we practice, please click here.

MAKE A PAYMENT BY SCANNING THE QR CODE BELOW:

DISCLAIMER

This web site is intended for informational purposes only and is not legal advice. Nothing in the site is to be considered as either creating an attorney-client relationship between the reader and Lonich Patton Ehrlich Policastri or as rendering of legal advice for any specific matter. Readers are responsible for obtaining such advice from their own legal counsel. No client or other reader should act or refrain from acting on the basis of any information contained in Lonich Patton Ehrlich Policastri Web site without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.

About | Why LPEP | Contact | Blog

© 2024 Lonich Patton Ehrlich Policastri. All rights reserved. Privacy Policy

10 Tips for choosing a Guardian Transmutation of Community Property for Estate Planning Purposes
Scroll to top

LPEP COVID-19 Office Protocol