Family Law

Salinas Family Law Attorney Discusses Restraining Orders

By Scott Sagaria

Salinas Family Law Attorney Discusses Restraining Orders

Unfortunately during the time of separation from a spouse or significant other while emotions are raw there can be a serious risk of domestic violence. This was demonstrated on September 7, 2008 in Chico in the very tragic murder of Elizabeth Henningsen who was shot by her estranged husband Mark in front of their children. According to reports the couple had engaged in violent arguments but Elizabeth did not consider her husband a threat. Her divorce attorney told the media that she had advised Elizabeth to request a restraining order but Elizabeth said no. According to reports Mark had moved to Sacramento but was often seen in Chico.

A restraining order is certainly not appropriate in every divorce case but it is something that should be considered very seriously if your estranged partner has shown any tendencies of domestic violence. A restraining order prevents the restrained party from any contact with the protected party and any violations of the restraining order are a criminal matter. Exceptions can be made if needed for the peaceful exchange of children for visitation. A request for a restraining order can also include a request for child custody and visitation orders. If needed orders can include supervised visitation for the restrained party to visit with the children.

A restraining order request can also include any requests that are needed for child support and/or spousal support. If there is a need to exclude the restrained party from a residence that can also be requested in a restraining order. If you have any questions about whether or not a request for a restraining order would be appropriate in your case please contact us to schedule a free consultation at the location nearest you. We have offices in Salinas, Monterey, San Jose, Fremont and Redwood City.

Full post as published by California Family Law Blog on May 15, 2008 (boomark / email).