Recently in Restraining Orders Category

Los Angeles Child Custody Battle between Halle Berry and Gabriel Aubry turns ugly

November 29, 2012, by David P. Schwarz

Over the Thanksgiving holiday, Halle Berry's fiance, Olivier Martinez and her ex-boyfriend, Gabriel Aubry went at it. Aubry was left with a black eye and lacerations under his other eye.

In court pleadings filed yesterday, Aubry alleges that it was Berry's fiancé Olivier Martinez who started their Thanksgiving Day fight, unleashing profanities and threats as well as fists.

Aubry claims that during their scrape Olivier said, "You cost us $3 million. When you see the judge, you're going to tell him you're going to Paris or I'm going to kill you."

Aubry has been tangling in court with Berry over her request to move with their 4½-year-old daughter Nahla to France, where Martinez is a citizen. The judge recently ruled against Berry.
Aubry alleges in his court papers that as he drove up to Berry's house with Nahla in the backseat, he saw Martinez and thought it was odd since Martinez is not usually at the house during custodial hand-offs.

Aubry claims Nahla said, "Olivier is here. I'm scared."

After handing off Nahla to somebody named Miriam, who took the child indoors, Martinez appeared and told Aubry, "We need to talk," Aubry alleges.

"All of a sudden, Mr. Martinez jumped me on the side of my body, and punched me such that he had taken me down to the ground," Aubry alleges. "He continued to punch me at least two or three times, kicked me in the ribs with his knee or foot, and took my head in his hands and slammed it to the concrete driveway. It all happened so fast and so suddenly; I did not see Mr. Martinez's actions coming, and thus, I was not ready for it and was not able to defend myself."

From an Orange County divorce lawyer's perspective, seeking an emergency protective order is absolutely necessary in these instances. Luckily, the child was not around to witness the altercation.

Hypothetically speaking, if a father is convicted of domestic violence, his chances of gaining custody of his child will be very slim to none. So, lets hope we can all find out the truth as to who was the aggressor in this Aubry/Martinez fight. Based on the pictures posted online, it looks like Aubry took a pretty bad beating and Martinez may have been the aggressor.

Contact an Orange County divorce lawyer for assistance.

Source: Halle Berrys Ex Gabriel Aubry: Olivier Martinez Threatened to Kill Me

Montana Shooting Victim filed for Divorce; now killed

October 19, 2011, by Winiviere G. Sy

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.

Now, Michelle Gable faces two counts deliberate homicide in the death of her husband and his female acquaintance after the shooting at his apartment Thursday morning. She was scheduled to make an initial court appearance Friday afternoon.

From an Orange County divorce lawyer's perspective, this is yet another tragedy involving a domestic dispute. Going through a divorce is never easy. It is stressful and people often act out because of the divorce.

At any rate, contact an Orange County divorce lawyer for more information on filing in Los Angeles County or Orange County.

Source: Helena shooting victim had just filed for divorce; wife charged in 2 killings

Orange County Wife who killed husband claims she's not a monster

October 10, 2011, by Winiviere G. Sy

Back in 1991 in Costa Mesa, California, Omaima Nelson, now 43, claims that although she killed, dismembered and cooked her husband, then ate his body parts, told a parole board: "I am not a monster."

Omaima Nelson, sought parole after 20 years behind bars, but the board rejected her request and she will remain in state prison on a term of 27 years to life for second-degree murder.

Nelson claims that back in 1991 in their Costa Mesa apartment, her husband, William, was trying to strangle her when she hit him with a lamp, stabbed him with scissors and killed him.

Nelson went on to say:

"If I didn't defend my life, I would have been dead. I'm sorry it happened, but I'm glad I lived," said the one-time model from Egypt. "I'm sorry I dismembered him."

Killing someone is one thing but going as far as dismembering, cooking and then EATING him shows this lady has issues.

Although this is not a "divorce-related" blog post, it does show that one cannot get away with murder. If she thought her life was in danger, she should of called the police. She could of also taken precautions to defend herself without killing, dismembering and cooking the victim.

From an Orange County divorce lawyer's perspective, if Nelson was not happy in her marriage to William, she could of sought an Orange County divorce or perhaps even applied for a domestic violence restraining order.

Contact an Orange County divorce lawyer for more information if you intend to seek an Orange County or Los Angeles County divorce.

Source: Ex-mode who ate husband's body parts: "I'm not a monster."

Restraining Order not enough to prevent Murder

August 29, 2011, by Winiviere G. Sy

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.

"A restraining order doesn't stop anybody," neighbor Freddie Rodriguez said. "It's just a paper. People still do what they got to do, you know, if they want to do it."

Las Cruces District Attorney Amy Orlando said it can be difficult to ensure that a restraining order will actually work because it's not easy to control an adult's behavior.

Unfortunately, in this case, the victim was murdered despite the existence of a restraining order.

From an Orange County divorce lawyer's perspective, if you are in fear of your life or believe someone is going to cause harm to you, immediately seek a restraining order and keep yourself safe. Depending on the facts of your case, you may need a family law one as well as a criminal restraining order.

Source: Restraining Order Not Enough To Prevent Mom's Murder In Front of Kids

Orange County Divorce: Daniel Baldwin calls off Divorce

August 15, 2011, by Winiviere G. Sy

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.

From an Orange County divorce lawyer's perspective, if the parties decide to reconcile, they can file a Request for Dismissal, dismissing the divorce action in its entirety. Since California is a no-fault divorce State, either party may divorce the other party regardless of fault. On the same note, either party may file a dismissal request if they decide they do not want to continue on with the divorce and reconcile.

Either way, if you are contemplating divorce, its important that you obtain a reputable Orange County divorce lawyer to work in your corner. An attorney that is aggressive and competent in California divorce law will get you the results you want.

Contact an Orange County divorce lawyer today.

Source: Daniel Baldwin Shocker: Rescinds Divorce, Throat-Slitting Accusations Against Wife

Daniel Baldwin Obtains Restraining Order and Files for Divorce

August 5, 2011, by David P. Schwarz

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.

From the perspective of an Orange County family law attorney it is important that every case like this one be given a fair hearing - one in which justice is served and both parties are able to put forward their arguments without having to overcome either fear or prejudice.

The important thing to remember is that you have a right to live safely. We all hope that incidents like the one alleged to have befallen Daniel Baldwin never happen to us. When they do, it is equally important that you know where to turn. An experienced Orange County child custody and domestic violence lawyer can offer essential advice to anyone forced to navigate the unfamiliar world of our court system.

AP via KFMB: Daniel Baldwin files for divorce: Claims violence

Real Housewife of Beverly Hills, Taylor Armstrong alleges spousal abuse during marriage

August 3, 2011, by Winiviere G. Sy

In an earlier post last month, I blogged about the news of Taylor Armstrong seeking a divorce from her husband, Russell. Well, more drama has evolved in that now Taylor is alleging that her husband abused her during the marriage.

Sources connected the Real Housewives of Beverly Hills have reportedly told TMZ that Taylor had showed her castmates bruising and other injuries, claiming her husband Russell was responsible.

According to sources connected with production of the show, Taylor was also adamant about hiding what she has called a "physically and emotionally abusive marriage". Further, sources state that Russell even got "aggressive" with Taylor at an event, and executives from Bravo witnessed same. These are serious incidences of abuse and should not be taken lightly.

Taylor has also told that her arguments with Russell often became physical -- with Russell grabbing her, shoving her, and even pulling her hair. These are definitely classic examples of domestic violence and Taylor should have gone to court to obtain a restraining order. From an objective standpoint, I'm not sure why Taylor did not call the police or go to court for a domestic violence restraining order. Hopefully she does not have Battered Women's Syndrome.

At any rate, Russell has denied the hair-pulling, but admits to pushing her -- blaming "Housewives" for pushing the couple to their "limit." Regardless, physical abuse is never the answer and totally uncalled for no matter who or what may have pushed Russell to the "limit".

It is important that if you or someone you know is being physically abuse, beaten and battered by his or her spouse that they seek help immediately. A criminal or family law restraining order is available to protect the abused spouse.

Contact an Orange County divorce lawyer for more information.

Source: "Housewife" Taylor Armstrong PHYSICAL SIGNS OF SPOUSAL ABUSE

Happy Father's Day! Orange County Father's Rights: Temporary Domestic Violence Restraining Order Sealed

June 17, 2011, by Winiviere G. Sy

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


A significant event occurred today in the Orange County California
Superior Court, Lamoreaux Justice Center in Department 64, Judge
Ronald P. Kreber.

I was successful in getting all records, physical and electronic of
the falsified Temporary Restraining Order issued against me on
September 9, 2009 sealed by the order of the court.

I have been tirelessly working at and documenting the FACTS which led
up to the falsified Domestic Violence Temporary Restraining Order
being issued against me on September 9, 2009. My current family law
attorney, Mr. David Schwarz has been relentless but extremely
diplomatic and patient, with my now ex-wife's attorney in getting my
wife's attorney to actually draft the stipulation and order, that was
signed by everybody and signed by the judge.

My attorney, Mr. David P. Schwarz listened to my concerns, stayed with
this issue, and I wrote what seemed to be a million pages of
Declarations, but the final result is that Mr. Schwarz was able to do
what I do not believe has occurred in the State of California thus

Even though Mr. Schwarz did not really have the case law, the codified
sections or the points and authorities to pull this off, he did it
anyway through determination, and having to put up with me as a client
who was screaming and yelling all the time.

For the issue of Father's Rights, the issue of combating the gross
misuse and abuse of the Temporary Restraining Order Process, this is a
significant case. Since Father's & Families has been combating the
abuse of the Restraining Order process for a long time, this case may
provide fuel for other cases and legislative change.

I hope this information helps the cause of Father's Families, and I
think we need to consider the determination of my legal counsel,
Attorney David Schwarz, in correcting a wrong, and hopefully all can
benefit from this decision.

If you have any questions, feel free to contact me, and I am sure that
you will see this case on Mr. Schwarz's Blog, but it is a HUGE step
helping those falsely accused of domestic violence. Of course the
next issue that I will have to deal with is the year's long battle to
re-connect with my children after this huge crisis and the mountain of
parental alienation that I have had to deal with and will continue to
deal with.

From a now happily divorced and vindicated man, but still saddened
from the abuse of my children that this has caused. I hope this helps
the cause of Father's & Families, and I hope that other men falsely
accused of domestic violence resulting in the issuance of temporary
restraining orders, can realize that if the circumstances are present,
and with a little ingenuity can get these things off their records.
Now we have to put in place the laws and the point and authorities to
make these routine.

The bottom line here is that my now ex-wife and her attorney had
finally come to the realization that the facts leading up and
surrounding the issuance of the temporary restraining order issued
against me, were false, they knew they were false, and they knew that
I and my attorney Mr. Schwarz were just not going to give up at
bringing the truth of this situation to the attention of the court.
If my ex-wife and her attorney would have continued with this shrill;
at some point and time she would have risked the possibility of
perjured testimony and possible arrest, so it was better to agree to
the stipulation.

For all of those falsely accused Dads out there, let's use this
example for everybody's benefit.


If you need assistance on an Orange County or Los Angeles domestic violence restraining order, please contact an Orange County divorce attorney for assistance.

California Custody Settlement Reportedly Reached by Sheen & Mueller

March 21, 2011, by David P. Schwarz

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.

As Contactmusic noted in reporting the incident, the restraining order "effectively stripped the actor of all custody rights concerning the couple's children." The couple have two-year old twin boys. The stormy end of Sheen's marriage to Mueller had already led to his loss of most custody rights and curtailed visitation with the daughters he had with his second wide, the actress Denise Richards.

As an Orange County divorce lawyer, the striking thing Charlie Sheen's messy personal life demonstrates for the rest of us is how important it is to have competent, detail-oriented legal help when pursuing any Los Angeles or Orange County family law matter. Sheen's case is uniquely high-profile, but one need not be a celebrity or have one's personal life dissected on television to find that many family law actions - dissolution of the marriage, a financial settlement, child custody - are simultaneously in progress, all of them at different stages of resolution. Resolving these problems in a way that preserves your rights is an Orange County family law attorney's most important job.

Contactmusic: Brooke Mueller Agrees Custody Deal with Charlie Sheen

Hollywood Reporter: Charlie Sheen, Brooke Mueller Reach Custody Agreement

Los Angeles County Child Support: What happens when an Obligor loses his job?

March 3, 2011, by Winiviere G. Sy

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).

Given the rumors that John Stamos will likely be replacing Charlie Sheen's character on "Two and Half Men", it looks like Charlie may be out of a job, for now. If that is the case, it would not be a bad idea for Charlie to file a request for a downward modification in child support. Only time will tell.

For more information on how to modify an existing child support order, contact an Orange County child support attorney for more information.

Source: Charlie Sheen Seeks Reimbursement of Child Support After Losing TV Salary

Rose McGowan Obtains Los Angeles County Restraining Order

February 25, 2011, by Winiviere G. Sy

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.

From an Orange County divorce lawyer perspective, clearly, restraining orders are not limited to spouses (or ex-spouses). Anyone can petition the court for a restraining order if they feel their life is in danger and they need protection. Another alternative to filing a restraining order would be a Civil Harassment order.

Restraining orders can have a damaging effect to one's history. From an Orange County family law lawyer's point of view, hypothetically speaking, if a Wife seeks a domestic violence restraining order from an unemployed Husband and succeeds, the Husband will likely have a tough time finding a future job. Obviously, prospective employers will want to know if there are any lawsuits pending. Once the Husband admits "yes", employers will definitely scrutinize his credibility and character.

Indeed, we have seen this scenario come up in many cases. Luckily, in a most recent Orange County domestic violence restraining order case that we just finalized, the Husband was able to have his falsely filed domestic violence temporary restraining order sealed and removed from the entire Orange County Superior Court docket system. Needless to say, Husband was very satisfied.

If you are in need of a restraining order or wish to have a reputable Orange County Domestic Violence attorney defend you, do not hesitate to contact an Orange County divorce attorney for assistance.

Source: Rose McGowan Wins Restraining Order

Eddie Furlong Arrested for Violation of Restraining Order

January 14, 2011, by Winiviere G. Sy

Former Terminator 2 star, Eddie Furlong, was arrested this past Tuesday for violating a restraining order protecting his wife. The restraining order specifies that Furlong must stay at least 100 yards (a whole football field) away from his estranged wife, Rachael Kneeland. Kneeland obtained a restraining order last September wherein Furlong must stay at least 100 yards away from her for at least, three years.

In Kneeland's moving papers, she alleged that last September 23, Furlong "grabbed me, bruised me, pushed me ... left messages saying he would hire people to come and beat me with chains and bats. He is smoking cocaine and doing other various drugs. He is very unpredictable." Furlong has denied these allegations. However, the Judge granted the restraining order and ordered Furlong to seek counseling.

Serious domestic violence allegations could result in the issuance of a restraining order. Having a restraining order on your record is not something you want lingering. It could potentially inhibit your attempts to find gainful employment as some employers do not want to hire people that have had a restraining order issued against them.

For more information on dealing with domestic violence and how to obtain a restraining order in Los Angeles County or Orange County, contact an Orange County domestic violence attorney.

Source: Eddie Furlong of Green Hornet Arrested

Big Brother Alum Krista Stegall Obtains Restraining Order Against Ex-Boyfriend

December 13, 2010, by Winiviere G. Sy

Big Brother Alum, Krista Stegall, successfully obtained another year's worth of protection in a victorious restraining order granted in her favor. According to the legal pleadings filed in Louisiana, Stegall obtained a restraining order againt her ex boyfriend, Kenward Bernis, after she accused him of beating her up in a bar last year.

According to TMZ, Stegall even called her ex to the stand and grilled him on how he allegedly grabbed her arms and shoved her inside the women's bathroom at Bootlegger's bar in Lafayette, Louisiana -- a bar her ex co-owns.

Bernis' lawyer tells TMZ, Boo "intends to comply with the Judge's order and have no further contact with Ms. Stegall moving forward." The protective order expires September 2011.

Clearly, if one is getting beat up, grabbed and shoved, it definitely warrants the issuance of a restraining order. From an Orange County family law perspective, it would be wise to obtain a restraining order from the family law court and the criminal court. Getting beaten and bruised is not something to take lightly. Orange County courts will usually err on the side of caution and issue restraining orders if they are valid.

For more information on domestic violence issues and obtaining restraining orders, contact an Orange County domestic violence lawyer, David Schwarz, for more information.

Source: Big Bro Alum Gets Court Victory....All By Herself

Not the Way to Handle Your Divorce

September 24, 2010, by David P. Schwarz

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).

It is undeniable that the collapse of Chiofalo's world must have been an intense and stressful experience. Divorce lawyers, however, are there to offer sound, measured advice - even when clients are attorneys themselves (Chiofalo specializes in corporate, not family, law). Even if you feel, as Chiofalo apparently did, that your case involves issues of parental alienation and an ex who is not acting in good faith, there is much to be gained by listening carefully to the advice an experienced Orange County, Los Angeles or other Southern California family law attorney has to offer.

Violating a court's order is never a good idea. Nor is confronting an ex in ways that only provides him or her with evidence to use against you as an Orange County divorce proceeding makes its way through the courts. The advice of an experienced Orange County family law attorney can be the key to obtaining justice while retaining control over the most important aspects of your personal life.

New York Law Journal: Lawyer facing divorce gets suspended for sending 'Hostile' messages

Ex Parte Applications in Orange County Superior Court

August 2, 2010, by Winiviere G. Sy

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.

As another example, if Husband and Wife continue to reside together in the family residence and Husband physically attacks Wife on a regular basis, emotionally abuses Wife, or threatens her life, Wife may seek an Ex parte request for a domestic violence restraining order.

If any of these situations sound familiar to you, be proactive and contact an Orange County divorce attorney for assistance.