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A lady married while drunk. two weeks how can she get an…

Customer Question
A lady married while...

A lady married while drunk. two weeks how can she get an anulment and restraining order

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

No

Submitted: 6 months ago.Category: Legal
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Answered in 5 minutes by:
1/5/2018
Lawyer: Olivia Kent, Attorney replied 6 months ago
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 3,962
Experience: Partner at Kent Law Group, LLC
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.
Give me just a moment to review what you've written.

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Lawyer: Olivia Kent, Attorney replied 6 months ago

The grounds for annulment in CA are:

  • The couple is related by blood.
  • Bigamy / one spouse was already married.
  • Not 18 years of age.
  • Fraud.
  • One of the spouses has an "incurable physical incapacity"/impotence.
  • One or both spouses is of "unsound mind."
  • One spouse forced the other to get married.

See: https://www.divorcenet.com/resources/annulment/annulment-basics/california

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Lawyer: Olivia Kent, Attorney replied 6 months ago

This is the California government website that lists the grounds in detail: http://www.courts.ca.gov/1037.htm

So, she can get a restraining order if she can show grounds for a restraining order but I'm afraid that being intoxicated would not be a grounds for annulment of a marriage in CA. I hope that answers your question. As much as I wish it was otherwise, sometimes I have to give information that isn't "good news." I hope you don't take it out on me! I'm just the messenger. If it were up to me, I'd only give people good news! If you don't need any additional information, could you please take a moment to check the box stating that I answered your question so that I receive credit for working with you. It doesn't cost you anything extra and it allows me to get credit for helping you. Sometimes people aren't aware that experts don't get any credit for the time and effort that we spend on our answers unless you rate it positively (3 or more stars - 5 stars is definitely appreciated!). If you have follow up questions I'd be happy to answer them as well. You CAN still ask follow up questions after rating. There may be a lag between your question and my answer; this is because I'm either not at my computer or helping someone else but I assure you I will ALWAYS come back and answer your questions.

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Customer reply replied 6 months ago
what about a restraining order. How do you get one ? He is armed and dangerous
Lawyer: Olivia Kent, Attorney replied 6 months ago

Yes, she can get a restraining order against some who is dangerous and threatening her.

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Customer reply replied 6 months ago
How ?
Lawyer: Olivia Kent, Attorney replied 6 months ago

These are the three types of ROs in CA:

In general restraining orders can include:

  1. Personal conduct orders
    These are orders to stop specific acts against everyone named in the restraining order as a “protected person.” Some of the things that the restrained person can be ordered to stop are:
    • Contacting, calling, or sending any messages (including e-mail);
    • Attacking, striking, or battering;
    • Stalking;
    • Threatening;
    • Sexually assaulting;
    • Harassing;
    • Destroying personal property; or
    • Disturbing the peace of the protected people.

     

  2. Stay-away orders
    These are orders to keep the restrained person a certain distance away (like 50 or 100 yards) from:
    • The protected person or persons;
    • Where the protected person lives;
    • His or her place of work;
    • His or her children’s schools or places of child care;
    • His or her vehicle;
    • Other important places where he or she goes.

     

  3. Residence exclusion (“kick-out” or “move-out”) orders
    These are orders telling the restrained person to move out from where the protected person lives and to take only clothing and personal belongings until the court hearing. These orders can only be asked for in domestic violence or elder or dependent adult abuse restraining order cases.
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Lawyer: Olivia Kent, Attorney replied 6 months ago

Give me just a minute and I"ll send you the info.

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Lawyer: Olivia Kent, Attorney replied 6 months ago

What she'd need to do is go down to the court and simply file for one.

This is the court website for all of the information: http://www.courts.ca.gov/1260.htm

But the process itself is very easy - you go down there and you fill out the paperwork at the court, then you go before the court and tell the judge what is occurring. If it is sufficient a temporary restraining order is granted.

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Lawyer: Olivia Kent, Attorney replied 6 months ago

The defendant then receives notice of the restraining order and then there is another hearing to determine if there will be a permanent restraining order granted.

Please let me know if that answers your questions. I'd be happy to clarify.

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Lawyer: Olivia Kent, Attorney replied 6 months ago

Just let her know to tell the court that she needs a Domestic Violence Restraining Order as opposed to a Civil Harassment Restraining Order.

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Lawyer: Olivia Kent, Attorney replied 6 months ago

Hi - can you please confirm that you received my last several messages to you. Thank you.

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