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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11577
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Los Angeles County Superior Court. My request for a restraining

Customer Question

Los Angeles County Superior Court. My request for a restraining order was denied on grounds that it didn't show any "reasonable... past or current claims of abuse". I presented 10 quotes from my wife saying that "if" I wasn't going to do "X" (give her money, more powers in our 50/50 custody split, or a lump sum payment, "then" she was going to file complaints with me and destroy my professional reputation and possibly send me to jail. I wanted her restrained against doing any of the things she talked about as well as the pattern of other abuse evident in her vulgar, abusive emails as well as her repeated violations of court orders, particularly those having to do with what is said around our 4 year old daughter, She cannot resist going off on me in our daughter's presence... which is why I left the home when I did in the first place.
I can't understand when something that so clearly meets the definition of not only the crime of extortion but also the definition of "abuse" under the Domestic Violence Prevention Act was denied for this reason. It seems arbitrary and callous. I had no right to appeal to the judge at all. He was behind closed doors. now all I can do is try again after waiving my right to the assigned hearing? Giving her at least 72 more hours to do what she has threatened to do? All of the evidence I presented was from the Our Family Wizard web site which we use to communicate, as well as text messages which she isn't supposed to be sending me anyway. It seems as if I am being punished simply for being a man. Not just because of this, but the entire course of this year and a half ordeal. The court will just allow a woman who is clearly unstable, abusive, and unconcerned with court orders to bankrupt me and my family and continue the abuse that was prevalent during the course of the marriage simply because of gender? My attorneys would not let make any of the abuse a focus of the trial, o even mention it at all, because it didn't involve my wife beating our child and the police were never called to our house to break up a fight and take me to the hospital with a gun shot wound. What the---?
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.
Hi

I am sorry to hear of this situation

However, perhaps the reason you were denied is because one most show that the person is a threat to the physical wellbeing of the "vicitm" And so you have to use buzz words such as "fear for my life" "Concerned she will harm me"

Unfortunately, the facts that you outline where she threatens defamation to your character can only be handled in a civil court where you file a lawsuit, if she begins to disemminate lies that she knows are untrue soley for the purpose of harming your reputation

I fully understand your frustration. But I suggest that if you apply again for the Restraining Order you will need to give specific examples of situations where your wife has hit you, caused you injury and state that you are in "Fear of her for your life, safety and wellbeing" I am surprised that your attorneys have not explained that to you

As to what you refer to as "extoration" at this time may only be part of your negoiation process for your divorce. Divorce is never easy. But if your attorneys feel that she is doing something criminal in this process, then discuss with them about filing a police report to have her criminally charged.

Remember, I can only answer and provide true and correct information for what you ask. I look forward to a follow up or your Good to Excellent rating.

Thank you and good luck

Customer: replied 1 year ago.

Sorry, but extortion is criminal according to Penal Code 518, 519. and Civil. Not only that, but the actions leading up to, including and accompanying her extortionist demands to gain advantage in a divorce action have been abusive by the definition of "abuse" in the code. Are you saying that if I want them to take me seriously I have to lie and present physical abuse because it doesn't matter unless that's what's involved?


 

Expert:  Sam replied 1 year ago.

Hi

I never said that extoration is not a crime. I suggested that you not confused divorce negoiations with the crime.

I am going to opt out and allow another professional to assist you.

There is no need for you to reply here, nor rate this service at this time. Another professional will be with you and then you can resume.

Good luck with everything.

Expert:  Andrea, Esq. replied 1 year ago.

Hello and Welcome to JustAnswer, My name is XXXXX XXXXX my goal is to provide you with Excellent Service,

 

I am sincerely XXXXX XXXXX what your wife is doing to you and particularly in the presence of your four year old. I represent more husbands (as opposed to wives) in divorce proceedings, so believe me when I tell you that I understand completely how you feel and I do realize that in very many instances, the husband is the victim, but because the law looks at the female as the weaker gender, the severity of the husband's plight is not fully appreciated. So, I also understand the frustration you feel in trying to make the Court understand what you are really going through.

 

I would like to help and so with your particular facts in mind, I researched the Domestic Violence Prevention Act (the "ACT") which is embodied in California Family Code Section 6200 through 6218, in order to see what relief is afforded to you under the Act. I know you came to JustAnswer because you want correct information and Answers so that you can take appropriate steps to protect yourself and your rights. And, I have an ethical obligation to give you only correct Answers and not mislead you with misinformation. I am respectfully XXXXX XXXXX you keep in mind that the law does not always support our position or assist us in achieving a particular goal. So, I can only give you solutions and options within the parameters of the law.

 

I will address each of your concerns in the order in which you mentioned them in your facts.

 

1. You stated, " I presented 10 quotes from my wife saying that "if" I wasn't going to do "X" (give her money, more powers in our 50/50 custody split, or a lump sum payment, "then" she was going to file complaints with me and destroy my professional.........." and

 

2. "I wanted her restrained against doing any of the things she talked about as well as the pattern of other abuse evident in her vulgar, abusive emails as well as her repeated violations of court orders, particularly those having to do with what is said around our 4 year old daughter.........."

 

Answer 1

 

Here, your wife is threatening to ruin your name and reputation in order to get what she wants from the divorce. It appears that she would say whatever it is that she finds necessary in order to get her way, including making false statements to ruin your name and reputation, and thereby ruin you professionally. As damaging as her acts would be, the Domestic Violence Prevention Act does not cover these situations and does not afford any relief.

 

Your Recourse: These are clearly threats to ruin your reputation and your recourse would be to file a civil action against your wife for slander and defamation of character wherein you would claim monetary damages from her.

 

 

Answer 2

 

In order to fall within the Domestic Violence Prevention Act and have the Court grant a Restraining Order to the victim, the threats made to the victim must be threats of inflicting physical injury to the victim. Neither verbal abuse, nor vulgar language are included in the "Definitions" of Section 6203. For your reference, I am reprinting pertinent parts of the Domestic Violence Prevention Act below, and have underlined certain parts for emphasis.

 

Your wife should not be allowed to violate any Court Order and you should not permit her to get away with it. As long as your wife sees that you do not take any action against her for violating Court Orders, she will continue to violate them.

 

Your Recourse : As soon as your wife ignores, or violates a Court Order, you should immediately file a Petition for Contempt. The penalty for Contempt of a Court Order is jail time. So, when the Judge finds her in Contempt of Court, you should ask the Judge to exercise his power and authority and sentence her to jail time. If the Judge gives her jail time, even once, trust me, she will never ignore, or violate another Court Order again.

 

 

Domestic Violence Prevention Act

 

6200. This division may be cited as the Domestic Violence Prevention Act.

6201. Unless the provision or context otherwise requires, the ,definitions in this part govern the construction of this code.

6203. "Abuse" means intentionally or recklessly to cause or attempt to cause bodily injury, or sexual assault, or to place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.

 

 

 

"6218. "Protective order" means an order that includes any of the following restraining orders, whether issued ex parte, after notice and hearing, or in a judgment:

      (a) An order described in Section 6320 enjoining specific acts of abuse.

 

      (b) An order described in Section 6321 excluding a person from a dwelling.


Section 6320 provides as follows:"6320

 

      . (a) The court may issue an ex parte order enjoining a party

 

        from

molesting,attacking

        ,

striking,stalking

      ,

threatening,sexually
assaulting,
battering,harassing,

      telephoning, including, but not limited to, making annoying telephone calls as described in Section

 

      653m of the Penal Code, destroying personal property, contacting,

 

      either directly or indirectly, by mail or otherwise, coming within a

 

      specified distance of, or disturbing the peace of the other party,

 

      and, in the discretion of the court, on a showing of good cause, of

 

      other named family or household members.

 

      .

 

Please be kind enough to rate my service to you as "Excellent Service",

 

 

Bonus and Positive Feedback are greatly appreciated,

 

 

Thank you for allowing me the opportunity to assist you,



ANDREA

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