Legal Question in Family Law in California

Restraining orders

Can you file a restraining order for a verbal insult that was heard from a third party? Even if what was said was not a threat? For example Johns son tells him that he heard his mommy call John a B**ch. Can John file a restraining order. What if there is a stipulation in the divorce papers that says that both parents are not to speak of the other parent in a demeaning manner? Can this be taken to court.


Asked on 12/01/04, 10:18 pm

1 Answer from Attorneys
Jim McCullaugh Law Offices of Jim McCullaugh

Re: Restraining orders

Restraining orders are serious business. There has to be recent physical/verbal violence or threats of violence directed at you which puts you in a terrified state. We are taking SERIOUS violence. It's very doubtful you would ever get a TRO based on these facts.

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Answered on 12/02/04, 11:18 pm


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