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Long term restraining orders granted as part of a criminal domestic violence conviction. Will this law really protect the children? The good news is that domestic-violence victims throughout California will be able to obtain long-term protective orders the instant their assailants are criminally convicted, rather than endure a multi-step process that can drag on for months. This new law will take effect January 1, 2012. Currently, acquiring protective orders would entail filing a separate domestic violence restraining order request in the family law or civil courts. The new state law rectifies a situation that has long troubled advocates against domestic violence. It is not an uncommon occurrence that after a batterer is convicted and released upon completion of their sentence, the batterer would resume stalking or harassing the victim. Until the advent of this new law, criminal restraining orders issued by a criminal court at the inception of a criminal domestic violence case would automatically expire at the conclusion of that case. This flaw in not providing a continuous shield of protection for a victim trapped the victim between two agonizing choices: does the victim take their chances when the jail release date comes that the abuser might leave them in peace or should they expose themselves to the risk of additional abusive conduct by engaging with the batterer again in filing and serving court papers for the civil restraining order? District attorneys in Santa Clara County championed legislation for the concept of an automatic post criminal conviction restraining order and got the backing of both legislators and the California District Attorneys Association. Sen. Fran Pavley, D-Agoura Hills, tendered the bill and the Legislature passed it unanimously, Gov. Jerry Brown signed it in August and, as stated earlier, the law went into effect January 1, 2012. Starting next year, once the assailant is convicted, a judge can impose a protective order for up to 10 years, whether the underlying charge is a felony or a misdemeanor. There are two kinds of orders: one excludes any contact at all with the victim; the other that allows limited “peaceful contact,” between the abuser and the victim including the dropping off and picking up of children. This new law is a huge improvement, but it does not fully address the dangerous ambiguities stemming from a court order allowing for “peaceful contact” for child custody and visitation. To really ensure proper personal protection and protection of the children, a victim must seek orders from a family law judge so any timeshare and restrictions with children are clearly spelled out in a parenting order. Based on the kind of abuse suffered by a victim, it may be necessary to get family law protective orders preventing or limiting the batterers contact with the children. Restraining orders are not ironclad guarantees of safety. But batterers who violate the terms of such orders can face further arrest and prosecution. One of the most effective restraining order coming from the civil courts is the CLETS restraining order. CLETS is an acronym standing for California Law Enforcement Telecommunication System. CLETS is a high-speed message switching system which became operational in 1970. CLETS provides law enforcement and criminal justice agencies access to various data bases and the ability to transmit and receive point-to-point administrative messages to other agencies within California or via the National Law Enforcement Telecommunications System (NLETS) to other states and Canada. A California CLETS order is a restraining order that is issued by a family law judge, lodged in the CLETS database and allows the police to arrest the abuser if the abuser violates that order. For example, if the abuser is prohibited from contact with the victim or must follow specific requirements of permissible contact and the abuser violates those orders, the police can arrest and take the offender to jail. A non-CLETS restraining order requires that the victim return to court to ask the judge to take action against the abuser. CLETS orders can be tailor-made to any given situation and can deal with custody and visitation contact with the children. The actual forms used in California are uniform in nature and law enforcement officers receive training on reading and implementation of CLETS orders. It always is a wise idea to consult with a skilled family law attorney to review your legal options concerning civil restraining orders. The more information you have will only aid you in making the best decisions thereby protecting you and your children.

Good Afternoon, I live East of Sacramento in Amador County on a Horse Farm, been married/together 25 years. My Husband recently retired from J.W. McClenahan Co (Bay Area Construction Co) I am in need of a divorce, and someone to represent me. My question is would You represent me being that I live in Amador Co? I need someone that can help me to stand up to his bullying and complete unfair judgment that I need to take my belongings & leave our home. hank you Kindly, Tina McClenahan

I have been married for almost seven years to a younger man who keeps promising to get a job but he never does. He has three children, all of whom live with us and I pay all the bills and I am a schoolteacher. So we don't live in a big house or anything, just a small rental. My husband is abusive and doesn't go get a job. I want to separate from him/divorce. Am I going to have to pay this guy alimony? I know it may not be an easy answer. is there any way I can get out of this marriage and not pay him? It seems really unfair that after I have paid the bills for all this time and I never wanted to do it alone, that I would have to continue to pay his bills.

I am not sure how to best approach a difficult situation. Have been in a relationship for 5+ years. Met a woman who was a nurse while I was a medical resident. She had 2 children from previous marriage. Upon divorce she gave 51% custody to father who is wealthy. She left the divorce with deed to an apartment worth well over 800K in a nice area in Brooklyn (which in itself is a complicated situation in court, which I have been funding) We always had a mutual understanding that we would return to California and she would come with me. I had a job offer after completing fellowship leading a move to California while my daughter was 9 months. For the last year, I have arranged air travel and have had my partner and my daughter live in my residence for 50% of the year. For a large portion of summer, the mother and all 3 children lived in California. During the school year, averaged about 3 weeks a month that the mother and my daughter where in California during the time the mother did not have her obligations to her other children in New York. I have been funding a court case for over a year now for the mother to have custody of her children to move to California. I was always fighting with her during her divorce settlement not to agree to those terms with the understanding of our goal at that time to leave to California. The case is going poorly, and now she is no long unwilling to travel to California with my daughter as initially verbally agreed upon. Our relationship is entering a volatile state and I am not sure how to proceed. I have a significant increase in annual income since I met her. But I have significant medical school debt 400K. I have continued to pay for her ability to live in the apartment she is living in which is about to go into Foreclosure. I do not believe my partner has the ability to reasonably care for all three children based on her lack of social and financial support. I am now reaching a point where I will be spending less time with my daughter. I feel that I need to made arrangements to secure some level of guardianship. We have a New York domestic partnership certificate. I have used that to support her since being in California with my jobs benefits. Overall ugly situation, no easy solution, hoping for some guidance.