restraining order Archives - Lonich Patton Ehrlich Policastri

DOMESTIC VIOLENCE: PROTECTION THROUGH RESTRAINING ORDERS

June 3, 2016/in Family Law /by Mitchell Ehrlich

That familiar Hollywood story—a short marriage followed by an inevitable divorce—recently took a troubling turn when Amber Heard accused her husband, Johnny Depp, of spousal abuse. Detailing a series of domestic violence incidents, Heard asked a judge for and received a temporary domestic violence restraining order. While the criminal and civil implications of the Depp-Heard marriage have yet to be fully decided, domestic violence is a dangerous crisis that one in four women and one in seven men will experience in their lifetime.*

First, it is important to recognize what qualifies, legally, as domestic violence: abuse or threats of abuse when the abused and the abuser are or have been in an intimate relationship. Abuse includes intentional or reckless physical violence, threats of harm to third parties, and threatening behaviors such as harassment, stalking, or property destruction. Additionally, the abuse does not have to be physical—it can be verbal, emotional, or psychological as well.

Next, if a victim needs immediate help, he or she should call 911, a local domestic violence shelter, or the National Domestic Violence Hotline (1-800-799-7233). However, victims do have legal options, such as a restraining order, at their disposal as well. A domestic violence restraining order, like the one that Amber Heard received, is a court order that can be obtained by an individual who has been abused (or has been threatened with abuse) by a person with whom he or she has a close relationship. Once in place, a domestic abuse restraining order can be used to enforce the following actions: forbid an abuser to contact or go near the person who requested the order, force the abuser to move out of the victim’s home (even a joint home), pay child support, stay away from family pets, pay bills, and release property, to name a few options.

More specifically, there are four types of restraining orders: 1) an emergency protective order (EPO), 2) a temporary restraining order (TRO), 3) a “permanent” restraining order, and 4) a criminal protective order or “stay-away” order. An EPO can be acquired only by law enforcement and will only last for up to seven days, but judges are available 24 hours a day to grant the order if necessary. If a longer restraining order is needed, a person can seek a TRO—the type of restraining order that Amber Heard sought and received. For a TRO, an individual can go to court and explain to a judge why the order is necessary. If the judge agrees that the requesting person needs protection, a restraining order will be issued, and it will usually last between 20 to 25 days, until the court hearing date. Third, when an individual goes to a TRO hearing, the judge may issue a “permanent” restraining order instead. The order is not actually permanent—it only lasts for up to three years—but a person may request a new order when the previous one runs out. Lastly, sometimes the district attorney will file criminal charges against an abuser. Commonly, the criminal court will issue a protective order against the defendant (the abuser) while the criminal case is ongoing, and if the defendant is found guilty, for three years after the case is over.

Importantly, law enforcement or legal assistance is not necessary to ask for and receive a restraining order, but an experienced family law attorney can ensure that the process is carried out properly and make it easier to handle. For more information about how to best protect yourself when faced with a domestic violence crisis, please contact the lawyers at Lonich Patton Ehrlich Policastri. Again though, if immediate help is needed, please call 911, a local domestic violence shelter, or the National Domestic Violence Hotline (1-800-799-7233). The circumstances of Amber Heard and Johnny Depp’s divorce are alarming, but at least, they do provide an opportunity to have an open discussion about domestic violence and the tools available to those who need help.

Lastly, please remember that each individual situation is unique, and results discussed in this post are not a guarantee of future results. While this post may detail general legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

Sources:

*http://www.cdc.gov/violenceprevention/pdf/nisvs-fact-sheet-2014.pdf

http://www.courts.ca.gov/selfhelp-domesticviolence.htm

Judge Grants Restraining Order against School-Aged Boy

April 8, 2014/in Family Law /by Gina Policastri

In a potentially precedent-setting move, a father from San Francisco has asked a judge for a restraining order – against an alleged nine-year-old bully. Generally, restraining orders are routinely issued against adult abusers, stalkers, significant others, and the like. However, as most parents presumably would, Stephen Feudner wanted answers after learning his 9-year-old son told him he’d been bullied, pushed, and punched at Rolling Hills Elementary School. When the public school claimed its hands were tied and refused to help, Feudner turned to the law.

Feudner’s temporary restraining order (TRO) from a Solano County judge stipulates that the alleged bully must remain 2 yards away from his son at all times and have no contact with him whatsoever. Daryl Snedeker of the Solano County Sheriff’s Department says he’s never heard of a restraining order against a grade-school student. However, the boy’s mother points out that there is no law against filing a restraining order against a child – and she’s right.

There are different kinds of restraining orders available through the court system, and each order has different eligibility requirements. For a restraining order against a child similar to the Feudners’ situation, a Civil Harassment Restraining Order would likely be the most appropriate. Civil Harassment Restraining Orders can be filed in Santa Clara County if the filing party and the other party do not have a familial or dating relationship (married, divorced, separated, dating or used to date, live together or used to live together) or are not related (parent, child, brother, sister, grandmother, grandfather, in-laws).

As for the Feudners, there’s a small but possibly determinative glitch in their case: the Solano County Sheriff’s Office officials had to serve the TRO within five days for it to go into effect. However, in order to serve the TRO, officials needed the alleged bully’s first and last name and full address. As of now, the school district still remains unwilling to release the information.

Although the Feudners’ restraining order against a school-aged child is unique, temporary restraining orders are very common, particularly in domestic violence situations. If you have any questions about restraining orders or are contemplating filing one, please contact our California Certified Family Law Specialists (as certified by the State Bar of California Board of Legal Specialization) at Lonich Patton Ehrlich Policastri. Our attorneys have decades of experience handling complex family law proceedings and offer a free half-hour consultation.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

Source: http://abcnews.go.com/US/father-files-restraining-order-year-allegedly-bullying-son/story?id=23040537

Could Your Email Settings Land You In Jail?

January 15, 2014/in Family Law /by Mitchell Ehrlich

In Thomas Gagnon’s case, it sure can – and did. Unbeknownst to him, Mr. Gagnon’s ex-girlfriend received an email from him inviting her to join Google+. Unfortunately, Mr. Gagnon’s ex-girlfriend had a restraining order against him at the time. When she received the email, she complained to the authorities that Mr. Gagnon had violated his restraining order. Authorities agreed and arrested Mr. Gagnon, who was jailed before being released on bail.

However, Mr. Gagnon insists he never sent the email – he never authorized the email invitation, never consented to the invitation, and quite frankly, “has no idea how the invitation got sent.”*

According to Internet expert Bradley Shear of Bethesda, Md., Mr. Gagnon could very well be telling the truth. Google+ allows users to aggregate their contacts into various groups, and moving between groups can trigger Gmail to send automatic invitations to contacts to join Google+. Although Google could face serious liability for sending invitations without a user’s permission, the consequences can be very real (and immediate, like in Mr. Gagnon’s case) for the uneducated user.

Moral of the story: Consistently check your Internet settings and learn how certain invitations can be triggered. In this day and age, you can never be too careful with your privacy settings – especially when you’re in the middle of a domestic dispute or divorce.

If you are involved in a domestic dispute or divorce, having a knowledgeable, experienced divorce attorney by your side can prove to be invaluable. If you have any questions about your divorce or related issues, please contact our California Certified Family Law Specialists (as certified by the State Bar of California Board of Legal Specialization). Lonich Patton Ehrlich Policastri’s attorneys have decades of experience handling complex Family Law proceedings and are happy to offer you a free half-hour consultation.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

*http://gma.yahoo.com/man-jailed-gmail-invite-ex-girlfriend-111716107–abc-news-topstories.html

What is a California Emergency Protective Order?

February 24, 2011/in Family Law /by David Patton

Note: People can tell what internet sites you have visited on your computer. Be safe, and use the internet at a local library, friend’s house, or at work!

An emergency protective order (EPO) is a court order that protects victims from domestic violence by prohibiting the victims’ abusers from coming within a certain distance of the victim. You can obtain an EPO by calling 911 and reporting domestic violence to the police. You can ask for this order at any time – day or night. An EPO may also grant the victim temporary custody of his or her children. However, an EPO and other restraining orders do not guarantee the safety of you and/or your children. If you continue to fear for your safety after the issuance of an order, the California Bar suggests you consider moving into a domestic violence shelter or the home of a friend or relative who is not known to the abuser.

An EPO remains in effect for five court days or seven calendar days, whichever is shorter. For a longer-term restraining order, you must apply for a Temporary Restraining Order (TRO) at the local courthouse. If a TRO is granted, it will take effect as soon as the restrained party is served a copy of the court papers. The TRO will stay in effect for a period not exceeding three weeks, pending a court hearing. At the hearing, the judge will decide whether a “permanent” restraining order is warranted, which can stay in effect up to three years.

It is important to note that under California law, a wide variety of activity can constitute grounds for a domestic violence protective order. California law defines domestic violence as abuse towards an intimate partner or family member. Domestic violence stems from the abuser’s need to control. It includes threats, annoying phone calls, stalking, unwanted sexual touching, hitting, the destruction of personal property, and other actions. Victims may be a spouse, dating partner, someone you lived with, or a relative related by blood or marriage. It affects same-sex partners as well as heterosexual couples. Both children and adults can be the victims of domestic violence.

For more information about emergency protective orders and temporary restraining orders, please contact the San Jose family law attorneys at Lonich Patton Ehrlich Policastri. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

Posts

DOMESTIC VIOLENCE: PROTECTION THROUGH RESTRAINING ORDERS

Judge Grants Restraining Order against School-Aged Boy

Could Your Email Settings Land You In Jail?

What is a California Emergency Protective Order?

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