Legal Question in Family Law in California

Restraining order -exceptions

I am in a divorce with my wife. She has a restraining order against me. Every time she can she conjurs up an excuse to say that I have violated the stay away orders. She filed a notice to modify her order and I want to fight it, but I believe that she is trying to trap me. She says that she is also going to be at a deposition ? that her lawyer is taking of me. I do not want to violate the order by being in court when she is there or at the deposition. I have been told that the court hearing is an exception to the stay away order but my stay away order does not say that. Do you know if this is true ? Would the deposition be too ?

How can I verify this ?

Thanks


Asked on 7/15/03, 8:29 pm

2 Answers from Attorneys
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Restraining order -exceptions

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Court hearings are an exception (practically speaking if not legally). If she comes to the deposition, technically she is violating the restraining order, not you. Contact an experienced Family Law attorney for specific advice and possible representation on your behalf.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 7/23/03, 7:32 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Restraining order -exceptions

A court hearing is an exception to the stay away Order, and a deposition is an extension of that process. I do not believe that your attending your own deposition would be viewed as a violation of the restraining order, since you are required to attend if you have been served with valid legal documents.

I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.net

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Answered on 7/15/03, 9:10 pm


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