Can I get a restraining order during a divorce in California? 12 Answers as of March 02, 2011

I am currently getting a divorce. I have been told that I cannot file a restraining order against my (ex) husband, due to his profession. I have moved out and in with my brother and sister in law. My soon to be ex-husband has showed up at their home and attempted to forcefully enter. Being unable to come into their house he then proceeded to vandalize my car (which is our car but in the divorce papers to be mine). I have been told that I cannot procure a restraining order against him because he is a California corrections officer. Is there anything I can do to protect myself and my current place of residence?

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Goodman, Dicus, and Teinert, LLP
Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
Yes, you can absolutely get a restraining order against your ex during the divorce proceeding. The only effect his occupation will have on the matter is whether or not he would be able to continue to work as a corrections officer since a restraining order would revoke his right to possess a firearm.
Answer Applies to: California
Replied: 3/2/2011
Bartholomew & Wasznicky LLP
Bartholomew & Wasznicky LLP | Hal D. Bartholomew
Yes, you can apply for a restraining order. The court will decide whether to issue a temporary order which will then need to be served on him. A temporary restraining order or a restraining order issued after a hearing likely would affect his ability to do his job. Both types of orders would prevent him from carrying, owning, possessing, or using a firearm, even in the course of his job. The Department of Corrections would make the determination whether he could continue as a correctional officer, and it is possible that he could lose his job as a result. However, if you feel unsafe where you live because of his behavior, this is a factor for you to consider as well.
Answer Applies to: California
Replied: 2/23/2011
Diana K. Zilko, Attorney at Law
Diana K. Zilko, Attorney at Law | Diana K. Zilko
You can absolutely get a restraining order against him if there is just cause. I would file a police report, and seek a restraining order. His job will be placed in jeopardy, because the restraining order will not allow him to carry a weapon.
Answer Applies to: California
Replied: 2/21/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
If you obtain a restraining order, your ex will lose his or her job.
Answer Applies to: California
Replied: 2/21/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
You received some bad advice, unfortunately. It is true that our society often treats law enforcement officers (in particular), Deputy District Attorneys and Judges as if they were above the law (and many certainly act as if they are), but you can bring a restraining order against anyone who is hurting, threatening or harassing you, and you should. What stopped you from calling the police when he tried to commit burglary (a strike) or at least trespass, at your brother's house? Call the police. File a report. If your ex-husband values his job he will amend his behavior promptly... or find a new profession. It would also be a good idea to contact his work directly, and contact the State of California. Do not tolerate this behavior.
Answer Applies to: California
Replied: 2/21/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    You can seek a Domestic Violence Restraining Order {DVRO]against your husband. Merely because he is a corrections officer does not insulate him from such a process or order. If you prevail, he maylose his job as a corrections officer, because, among other things,DVROswould include orders that he turn in any and all weapons, and the Dept. of Corrections may have a policy requiring termination of correction officers against whom DVROs are issued. Your safety should be a paramount consideration, given the facts. You should retain an experienced Family Law Attorney to represent you in the Domestic Violence proceedings, because with your husband's job at stake, he will likely retain an experienced Family Law Attorney to oppose you in those proceedings, and your preparation and testimony would need to be persuasive for you to prevail.
    Answer Applies to: California
    Replied: 2/21/2011
    Saddleback Law Center
    Saddleback Law Center | Paris Kalor
    Who told you that you cannot get a restraining order? You can absolutely get a restraining order no matter what he does. Did you file a police report?
    Answer Applies to: California
    Replied: 2/21/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    His job does not prevent you from getting a restraining order. What is will do is prevent him from working as a corrections officer.
    Answer Applies to: California
    Replied: 2/21/2011
    Edwin Fahlen Attorney at Law
    Edwin Fahlen Attorney at Law | Edwin Fahlen
    You may obtain a restraining order against anyone. Nobody is immune from a restraining order. Whoever told you you could not is flat wrong. The problem is that a restraining order would have a very severe consequence against the father's employment. I can help you immediately protect yourself from that person who is supposed to protect you. You MUST act quickly because if you do not, that fact alone will hinder your ability to get the restraining order. By allowing the claim to become "stale" you will eventually lose your right to be formally protected by a restraining order. If someone has facts sufficient to obtain a restraining order, action should be taken immediately!
    Answer Applies to: California
    Replied: 2/21/2011
    Naziri Hanassab LLP
    Naziri Hanassab LLP | Vahid Naziri
    Yes, you can get a restraining order during the divorce.
    Answer Applies to: California
    Replied: 2/21/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    You have been misinformed. You can obtain a restraining order against him. There is no immunity for "corrections officers." Call an experience family law lawyer near where you live to set up an appointment for assistance. As part of your request for a restraining order, you can also ask the "restrained person" to reimburse your legal fees. Good luck!
    Answer Applies to: California
    Replied: 2/21/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Yes, you can get a restraining order against him. Because he is a corrections officer does not mean you cannot get a restraining order.

    But he could lose his job. If you are getting support from him, then you need to consider this option because getting a restraining order could cost you financially. Of course, there is no price on safety but you need to know that he could be terminated.
    Answer Applies to: California
    Replied: 2/21/2011
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