Articles Posted in Restraining Orders

In Helena, Montana, a man was shot to death in his apartment on Thursday. Additionally, the man went to court to request a temporary restraining order and even filed for divorce against his ex-wife. Two days later, his estranged wife was arrested on suspicion of killing him and another woman.

Joseph Andrew Gable, 48, sought a temporary order of protection from Michelle Coller Gable on Sept. 20, alleging she was stalking him.

Joseph alleged that Michelle Gable, 48, had entered his apartment while he was trying to change the locks and started a confrontation. He said she threw a laptop computer down the stairs, tried to block him from leaving the apartment and prevented him from driving away because her rental car was parked behind his vehicle.

Sadly, this is a story about a restraining order not being able to protect the victim. Jennifer Bates-Solomon received a restraining order against her 39-year-old ex-husband, Horace Carlos Solomon Jr. However, neighbors and officials said restraining order was not enough to protect the victim.

According to police, Solomon waived his right to an attorney and confessed that he brutally murdered his ex-wife, though he said he doesn’t remember how it happened.

The victim’s 13-year-old daughter told police she saw the suspect force his way into their East Mesa home and grab a knife from the kitchen. She said he stabbed her mother multiple times in front of her and her 10-year old brother. The youngest, an 8-year-old boy, was asleep in the next room. It is unfortunate that the children had to witness such a heinous killing.

In an earlier post I blogged about Daniel Baldwin’s divorce from his estranged wife after she threatened to kill him. Now, the latest news reports that Baldwin has “rescinded” his divorce petition and request for a restraining order. Baldwin’s wife, Joanne, was quoted as stating: “We have a lot of work to do in our marriage and a lot of healing to do. I don’t know what the end result will be.”

Despite calling off the divorce and restraining order, Joanne Baldwin is still living separately from Daniel and they have joint custody of their daughters, 3-year-old Avis and 1-year-old Finley.

Daniel filed for divorce in July, a day after he filed a restraining order against her and had her removed from the Oregon house where the coupled lived with their two children.

Actor Daniel Baldwin recently filed for divorce from his wife Joanne, but not before also obtaining a restraining order against her, according to the Associated Press as a reported by television station KFMB. The news agency reports that the actor, a brother or Alec Baldwin, told police Joanne “punched him, threatened him with a knife in front of the couple’s children and made threats of violence and death ‘too numerous to list.'”

The couple live in a suburb of Portland, Oregon. In addition to the restraining order, the report notes, Joanne was also detained for several days on charges of “violating her parole for a drunken driving conviction.” According to AP the Baldwins have been together since 2006, and married since 2007. Daniel filed for divorce the morning after the alleged domestic violence incident.

When we think of California domestic violence most of us generally assume that it is directed against the woman in a couple – and, statistically that is the far more common scenario. But as any Orange County father’s rights advocate will tell you, the Baldwin case is a reminder that domestic violence can happen anywhere.

In honor of Father’s Day this Sunday, here is a blast from the past blog post from a vindicated father who was able to get his Temporary Domestic Violence Restraining Order Sealed by the Orange County Superior Court.

A letter to Fathers and Families by an Anonymous Client/Vindicated Father “THIS IS A SIGNIFICANT VICTORY FOR FATHER’S RIGHTS IN THE STATE OF CALIFORNIA SPECIFICALLY WITH RESPECT TO THE ISSUE OF FALSIFIED DOMESTIC VIOLENCE RESTRAINING ORDERS.

Gentlemen,

Even as he embarked on one of the stranger high-profile celebrity media blitzes in recent memory Charlie Sheen, it now seems, was moving forward with a far more conventional Southern California child custody agreement with his third ex-wife, Brooke Mueller.

My colleague Winiviere Sy noted in a February blog post, the Sheen-Mueller divorce was finalized earlier this year. As we have discussed in this space on several previous occasions, however, the formal dissolution of a marriage does not necessarily mean that all outstanding financial and custody issues have been resolved. California law allows judges to end a marriage even as negotiations over a final settlement continue.

According to a recent article in The Hollywood Reporter, the couple’s Los Angeles child custody issues have now been wrapped-up. The paper quotes a statement issued by attorneys for both Sheen and Mueller saying the pair have “reached an agreement that resolves their differences.” No details of the agreement were released, but its existence moots a court hearing that was scheduled to take place tomorrow. That hearing was originally triggered a week earlier when Mueller obtained a restraining order against the actor after a trip she made with him and two other women to the Bahamas ended badly.

Unless you have been living under a rock, you might have heard all the publicity surrounding the halting of production of “Two and a Half Men,” child custody and visitation issues surrounding Charlie Sheen and Brooke Mueller and the most recent Los Angeles County restraining order filed by Brooke against Charlie.

In the documents in support of Brooke’s request for a temporary restraining order, she asserts that Charlie told her that he wants the $20,000 per month he pays in child support paid back to him. Afterall, Charlie is no longer receiving the $1.2 million per episode paycheck now that he burned his bridges with the creator of the show.

From an Orange County child support attorney’s perspective, the obligor/payor cannot simply request that the funds be paid back to him. The formal way to do same would be to file an Order to Show Cause for a modification of child support. That way, the obligor will have an opportunity to obtain retroactivity to the date of the filing of the Order to Show Cause pending the hearing. By filing the appropriate legal paperwork, the moving party can set forth the facts that warrant a reduction in child support (i.e loss of income).

Yesterday, a Los Angeles Superior Court Judge granted actress, Rose McGowan, a temporary restraining order against a man she claims was harassing her and her employees. This man, Luis Santo III, repeatedly called McGowan’s office and her agent insisting that he was in love with the actress despite the fact that the actress has never met this man.

Additionally, Santo apparently threatened McGowan’s employees when they would not allow him to speak to the actress.

The temporary restraining order prohibits Santo from harassing, contacting or communicating with McGowan. Additionally, Santo must stay at least 200 yards away from McGowan. A hearing to determine whether the restraining order should become a permanent one is set for hearing on March 11.

An Orange County Divorce can be a difficult, emotionally stressful, experience. A recent case from New York, however, can be seen as a cautionary tale: listen to sound advice from your attorneys, don’t let the pressure get to you and, above all, if you feel as though you are about to crack – get some help.

The case I am referring to concerns Anthony Chiofalo who, according to the New York Law Journal, has been involved in a contentious divorce proceeding since 2005. The Journal reports that he first crossed a line when he violated a protection order a court had issued to keep him away from his estranged wife and children. Then, having moved here to California, he began sending obscenity-laced messages not only to his wife but to “her lawyer, his sons’ law guardian and the law clerk assigned to his divorce case.”

Chiofalo – himself an attorney – did all this against the explicit advice of his own lawyers and has now had his law license suspended for two years (a penalty that was, in fact, harsher than the censure prosecutors requested, according to the Journal).

Are you involved in a physically abusive relationship? Has your life been threatened by your spouse? Are your children unsafe living with your spouse because he or she neglects or abandons the children? If you answered to yes to any of these questions, filing an Ex parte application may be a way to resolve your problems.

Filing an Ex parte application with a Los Angeles or Orange County court is essentially requesting that the court hear your case on shortened time (or sometimes, without notice to the other party) due to the presence of an “emergency” or “irreparable harm” situation. Typically, such ex parte applications involve child custody matters (i.e. child is in danger or has been abducted), domestic violence matters (i.e. physical abuse, violence or attack) or any matter warranting an “emergency” hearing. Pursuant to Orange County Rule of Court 704C, “ex parte relief will be granted only upon a showing of irreparable harm . . .”

As an example, if Dad discovers that Mom is abusing drugs and/or alcohol, neglecting her duties to care for the children such as forgetting to pick up the children or failing to provide them with food, clothing etc., and if Dad believes the children are in danger if they continue to reside with Mom, Dad may petition the court for Ex parte relief to obtain custody of the children.