Legal Question in Family Law in California
Restraining Order
The name of one of the protected persons on a restraining order is typed up to give the appearance of being a ''wife''
to the person persueing the order. The two are not married.
There is no record, by a nationwide search, to confirm
or acknowledge a marriage between the person persueing the
order and this protected person.
Is the restraning order still valid if the protected person's name is typed as if she was married to the person
persueing the order; when in truth , she is NOT married to him.
Can this restraining order be dismissed, considered null and void due to a technicality ?
2 Answers from Attorneys
Re: Restraining Order
I'm not sure what you mean that the order was typed to make it look as though there was a marriage between these two protected persons. However, members of the protected person's household can be added to a restraining order as additional protected persons. These additional persons need not be related to the "primary" protected person by blood or marriage.
Re: Restraining Order
The person who is restrained would be taking a big chance if he considered the restraining order to be void. This is particularly true if he was present when the court made the order.
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