Domestic Violence Restraining Order Law Change

The Family Law Office of James J. Kenny would like to report that there has been a change in the legal standard for your partner to get a domestic violence restraining order.  In the past, in order to obtain a restraining order, actual physical abuse would have had to happen and it would have needed to be a repeated offense, but according to the Judicial Branch of California now the law has changed to include;  “disturbing someone’s peace”.

The Judicial Branch of California’s website reports;

The domestic violence law says “abuse” is:

Domestic-Violence-Lawyers, Rancho Cucamonga, caMr. Kenny’s take on the legal question to determine if domestic violence has taken place is: has the party engaged in conduct that has disturbed the peace and emotional calm of the other party? This concerns Mr. Kenny because virtually every argument between spouses disturbs the peace and our Law Office worries that this may create an easy opportunity for someone to take advantage of that law to get their way in their divorce or in any family law case for that matter.

A recent seminar that Mr. Kenny went to presented by the LA superior court judge, Trent Lewis concerning domestic violence included an imaginative situation pertaining to domestic violence. When the story was presented as the female being the perpetrator of domestic violence, the male got the restraining order against his spouse 30% of the time. When the names were reversed, the female prevailed 67% of the time proving that people typically side with women over men in regards to domestic violence.

It is recognized that men and woman are both abused parties but it is important to note that men are as abused as woman are and Mr. Kenny sees the misuse of this domestic-violence-restraining-order-law a lot. For people like firefighters, professors, policemen and prison guards, if they are served a restraining order, it could potentially cause them to lose their job affecting their entire lives so it is important to keep in mind this new law stipulation to avoid getting into an unfavorable situation. As women are often-times the victim of domestic violence and the lower wage earner, it is important to assess the type of bad conduct involved and to consider the potential loss of support when seeking a restraining order that may result in a loss of employment.

James J. Kenny is a divorce attorney that specializes in domestic violence and has been practicing family law since 1977. The Family Law Offices of James J. Kenny has offices in Rancho Cucamonga, Ca and San Bernardino, Ca.

Call to schedule a consultation with Mr. Kenny today at 909-476-2661.


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James J. Kenny, also known as Jim Kenny, is a Family Law Attorney located in San Bernardino County with offices in the city of Rancho Cucamonga and San Bernardino, CA. Our Rancho law office is on Elm Ave. In Rancho Cucamonga, down the street from the Rancho Cucamonga Courthouse and our San Bernardino office is located at 505 N. Arrowhead Ave. Ste 507B. James Kenny  has been practicing law since 1977 and is a certified Family Law specialist that focuses on

With his many years of experience, his unrelenting dedication to his client’s cases and his resourcefulness, James Kenny gets Results! If there is a family owned business involved in your divorce or separation, you have come to the right Divorce Attorney. James J. Kenny services all of the Inland Empire (including Riverside and San Bernardino counties), Orange county and the San Gabriel Valley. James Kenny also now has an Associate Attorney, Kelly Price that also specializes in all Family Law and Divorce Cases.

Come in for your initial Family Law/Divorce consultation where we will discuss your options and provide you with a legal strategy that is both realistic and fits into your budget.

“We operate under the belief that not every case needs to be a war, but when it does, we will provide you with reasonable options and aggressively litigate.”

Call today for your appointment and a review of your case. (909) 476-2661

Address:11060 Elm Avenue Rancho Cucamonga, California 91730