Legal Question in Family Law in California

My friend was just served with a restraining order by his wife while they were together and living under the same roof. They have one child as well. He suspects her of seeing someone else and during an argument, she alleged that he said he'll kill her, the person she is seeing, and himself. She used that in the statement when filing the restraining order. Now, is unable to contact her, the child, or come to the house until the court date. Is he not allowed to come home to grab his stuff? Is he able to file a counter argument that its his house (under his name) and supports the family so in that case she needs to leave? What exactly are his rights in this matter? Any advice at all is greatly appreciated.


Asked on 4/25/13, 10:59 pm

1 Answer from Attorneys

He needs a lawyer, immediately. Domestic violence restraining order proceedings are practically a Star Chamber, where the accused has nearly no rights and is presumed guilty until proved innocent. Current public policy and public opinion is so strongly in favor of protecting people from and preventing even the hint of domestic violence that as soon as you are accused, the system effectively requires you to prove beyond a reasonable doubt that you are not actually violent nor a person at risk of violence. Everything I have just said is not the official legal standard, but that is the reality in pretty much every court in the state.

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Answered on 4/26/13, 8:42 am


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