Legal Question in Family Law in California
getting a restraining order against a spouse
I would like to know if I need to get a restraining order against my spouse am I required by law to file for a divorce in order to get the restraining order?
3 Answers from Attorneys
Re: getting a restraining order against a spouse
No you can file for a domestic violence restraining order without a filing fee.
Reply: getting a restraining order against a spouse
In a general sense, they are entirely different matters, and you can file for protection by seeking restraining orders without filing for divorce.
For a specific opinion regarding your individual circumstances, 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 California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: getting a restraining order against a spouse
As the previous attorneys stated, you do not need to file for divorce, to file a domestic violence restraining order. However, if you're in this situation you might want to ask your self a question; why would you want to stay married to somebody that you need to file a restraining order against? If you're in Southern California you may contact me for a free consultation. It is quite simple to get the initial restraining order based upon a showing that you were in imminent fear of bodily harm. However, the court will schedule a date future, where evidence will be taken to determine whether the restraining order will become more permanent. With regard to that date, I recommend that you retain an attorney to ensure that you get the restraining order. If you are in Southern California may call me for free consultation.