All videos are provided for informational purposes only. Some videos are primarily California focused. Content is not intended for and should not be construed as legal advice. Servicing Only San Diego County - If your family law case is in San Diego County, please contact the Men's Legal Center. If your family law case is outside of San Diego County, please contact a licensed attorney in your area.
Untying the Knot is brought to you by the Men's Legal Center and was created to be an information resource to anyone going through a family law and divorce process. Each video is produced by a California Certified Family Law attorney and his team who each have decades of knowledge and experience.
Because there is a low barrier to obtaining a Domestic Violence Restraining
Order (DVRO) and the rewards, especially on custody issues are so great, parties are
encouraged to file for a DVRO.
Sacramento has expanded many issues covered by the DVRO to cover the
following issues: Restraining orders against Defendant to protect the Plaintiff, other
people, Stay-away and Move-out orders, Guns or other firearms or ammunition
surrender, Recording of unlawful communications, Control of animal pets, Child custody
and visitation orders, Property control orders regarding use and possession, Debt
payment, Property restraint, Spousal support orders, Rights to the mobile device and
wireless phone account, Restraint to change life and health insurance policies, Payment
of lawyer fees and costs, Payment of cost and services, Order for Defendant to attend a
Batterer Intervention program, A catch-all out-of-pocket expenses
Most issues covered in Domestic Violence Restraining Orders (DVROs) are
identical to issues covered in Dissolution of Marriage. A Paternity case does not cover
the same issues but could cover all but spousal support. Since the process is a
summary proceeding with accelerated hearing, Defendant is at a disadvantage.
Also, Plaintiff can obtain primary physical custody of the child(ren) with restricted
visitation to Defendant. Often the court orders supervised visitation at the Defendant’s
expense. In a Divorce and a Paternity suit, child support is based on each parent’s net
income and the timeshare of the non-custodial parent. Further, under California law, the
primary custodial parent has the right to move away.
The Plaintiffs can get temporary custody orders out of the gate and those orders
now become the status quo. The DVROs temporary child support and spousal support
orders would become the status quo.
If kick-out orders are part of the DVRO, the kick-out orders boot the Defendant
out the house, but debt payment restraining order may have the Defendant paying the
mortgage. Plaintiff can ask for Defendant to pay the normal monthly payments besides
the mortgage, such as the car, credit card, or insurance payments etc.
In an accelerated proceeding, most issues that would be decided in a Divorce or
Paternity case are decided at least temporarily. The temporary domestic violence orders
under the domestic violence case become the benchmark against which the parties
argue. If a DVRO is being filed by a married party, the Defendant MUST retain counsel
immediately.
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10 май 2023
