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Articles Posted in Restraining Orders

Wow…last week the internet as a buzz over the plethora of California family law and criminal law issues involving Mel Gibson and his ex-girlfriend, Oksana Grigorieva. Talk about a relationship gone really ugly. Turns out that Mel Gibson is now going to be investigated by the District Attorney for alleged domestic violence, child endangerment and assault with a deadly weapon charges. Gibson’s case will be referred to the Los Angeles District Attorney’s office for felony review. Again, this is a perfect example of a family law matter that crosses over into criminal law issues. It’s very common to see these crossovers. Indeed, typically, if someone is involved in a domestic violence dispute, most likely a temporary restraining order is issued ordering the perpetrator to stay at least 100 yards away from the victim. Often times in emergency situations, the police are called to the scene of the incident and an Emergency Protective Order is issued to protect the victim. In serious situations, depending on the crime, criminal charges will also be filed.

If you have an Orange County domestic violence issue and/or an Orange County criminal law issue and wish to obtain further information about your rights, contact an Orange County family law/criminal law attorney for more information.

Source: Mel Gibson Case Headed to D.A.

Going through a divorce is not easy. As a family law practitioner, 90% of my job is “shouldering”, listening to people vent about their problems and giving them emotional support in their time of need. I am not a therapist or psychologist, although sometimes I feel like one, but what I can see from the clients I meet is that going through a divorce is emotionally straining. It’s emotionally draining for us attorneys as well.

Often times, one spouse wants to seek revenge against their spouse, harass the other spouse or quite simply, make that other person’s life just plain miserable. For example, it is not uncommon for one spouse to access the other party’s email account without that party’s authorization, knowledge or consent. A disgruntled spouse may hack the email account, change the password and have unfettered access to confidential and personal information.
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Gov. Arnold Schwarzenegger has signed a bill temporarily restoring funding for California domestic violence shelters that he vetoed during last summer’s budget crisis. The measure is good news for anyone locked in an Orange County family law dispute and caught in an abusive situation or who fears that a Southern California domestic violence situation may develop. If this happens, an Orange County family law attorney can be a valuable ally in protecting your rights and helping victims get the help they need.

According to a report in The Daily Californian, the Governor used his line-item veto to strike $20.4 million in California domestic violence shelter funding from the state budget last July. Under the new measure about 80% of that money has been restored, at least for this year. The money will be shared among 94 shelters statewide. A spokeswoman for the California Partnership to End Domestic Violence told the New York Times that the move was “a positive step”, but expressed concern that the new measure “is only a one-year fix.”

In fact, the Times reports, the restored California domestic violence funding became possible only after Sacramento arranged for the state alternative fuel and technology fund to loan the required $16.3 million to the state general fund. That loan will have to be paid back in 2013.

A case that began with a dispute over an Orange County restraining order has ended with a Laguna Beach man pleading guilty to stalking a county judge. Daniel Joseph Gidanian, 23, pled guilty to stalking and harassing Orange county Superior Court Judge Derek Johnson between September and December of last year.

According to prosecutors, the trouble began when Gidanian appeared before Johnson to answer charges of an Orange County restraining order violation. After Gidanian’s request to transfer the case to another judge was granted, however, he continued to call and otherwise harass Judge Johnson and his wife demanding that the alleged Orange County restraining order violation be expunged from his record. The series of incidents culminated in a confrontation outside the Judge’s home just before Christmas, prosecutors said.

For people who do not have a judge’s familiarity with the legal situation a Laguna Beach restraining order lawyer can be a key advisor and ally when situations like this arise. People faced with potential stalker situations often hesitate, wondering whether the behavior in question is serious enough to warrant an Orange County restraining order. Consulting an experienced Orange County family law attorney can be an essential element in protecting your family, children or property.

A clerical error that led to a police chief being erroneously served a restraining order and stripped of his guns highlights the need for careful attention to detail when dealing with Southern California family law matters.

Gene Fretheim, the chief of police in Maricopa, was served with erroneous restraining orders not once but twice: on October 2 and then again on the 5th, following an incident in which he shot and killed a dog belonging to a city resident. Fretheim acknowledges killing the animal, which he says was loose and vicious and “was a danger and a threat to the community.”

According to media reports, the error was a simple one: a box on a court form that should have been left blank was checked in error. That mistake, however, led to the chief being served with the restraining order and forced to turn in his guns. The court’s executive officer acknowledged the mistake. “It appears to be our error,” Terry McNally said. “The clerk changed everything… but missed one box.”

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