Legal Question in Family Law in California

I was served a restraining order 2 years ago and was just informed the attorney that ordered it was debared. Is the restraining order still active?


Asked on 8/13/15, 8:15 am

2 Answers from Attorneys

Of course it is still active. Why in the world would you think a court's order suddenly would evaporate just because the attorney who obtained it later gets disbarred for unrelated reasons? That makes no sense at all. If the attorney was disbarred for misconduct pertaining to YOUR case, you MIGHT be able to reopen the matter and ask that the restraining order be removed, but a court order is a court order. It has absolutely zero to do with the qualifications of the attorneys involved.

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Answered on 8/13/15, 11:19 am
Arlene Kock Law Offices of Arlene D. Kock APLC

What must be sorted out is whether or not the order served upon you still remains in full force and effect because of the operative date in that order. If this is an effective restraining order as opposed to a request, there should be a specific date easy to find on the document to tell you how long that order lasts.

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Answered on 8/14/15, 7:39 am


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