Posted by Jeremy Swanson
On June 16, 2020

Renewing A Restraining Order: Reasonable Fear of Future Abuse

Renewing A Restraining Order: Reasonable Fear of Future Abuse

Restraining orders may be renewed before expiration by application to the court stating the reasons for the request for renewal. What the court will for is whether there is a reasonable fear of future abuse. The more serious the underlying conduct, the more likely the court will find fear of future abuse is justified.

The recent case of In re Marriage of Martindale & Ochoa further discussed the issue and specifically stated that the fear of future abuse must be measured against the standard of a reasonable person. Would a reasonable person fear for future abuse? The standard cannot be totally subjective. In addition, efforts made by the restrained party to avoid contact, or lack of attempts by the protected party to avoid contact, can be considered.

DISCLAIMER: All legal principles quoted are valid as of the date of writing in the State of California. However, you should NEVER base your actions on a legal article, blog, or internet story, as facts in real life are complicated. You should have your case evaluated by an attorney experienced in the area of law needed for your case. In addition, there are often exceptions and potential changes to results that occur due to facts that you may think are trivial or unimportant. This article should not be taken in any way as legal advice on your specific legal matter.

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