 | 1. Divorce Source: Cases of Interest: Restraining Orders
Case law and analysis of divorce cases related to restraining orders. Visit Other Cases of Interest
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100.0%
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| | 2. Divorce Source: About Restraining Orders
A Restraining Order or Injunction is a court order that attempts to prohibit something from happening that may cause future harm. In a divorce case, you may need your spouse to be restrained from coming within a certain distance from you if he or she poses a threat, or it may be a mechanism to keep
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58.8%
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| | 3. Divorce Source: CALIFORNIA EMERGENCY PROTECTIVE ORDERS- SUMMARY OF STATUTES
A judicial officer may issue an ex parte emergency protective order where a law enforcement officer asserts reasonable grounds to believe that a person or child is in immediate and present danger of a
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11.8%
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| | 4. Divorce Source: WHAT IS A PROTECTIVE ORDER?
In Maryland, a person is eligible for a Protective Order if they: are the current or former spouse of the alleged abuser, have a child with the alleged abuser, had an intimate relationship and lived with the alleged abuser for 90 days within the last year or are related by blood or marriage to the a
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5.9%
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| | 5. Divorce Source: WHAT IS A PEACE ORDER?
In Maryland, a person eligible for a Peace Order must prove one of the following acts occurred within the last 30 days: an act that causes serious bodily harm, an act that places the person in fear of imminent bodily harm, assault in any degree, rape or sexual offense, false imprisonment, harassment
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5.9%
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| | 6. Divorce Source: WHAT IS CONSIDERED STALKING?
Under the new law, stalking is defined as approaching or pursuing another where one knows or reasonably should have known the conduct would place another in reasonable fear of serious bodily harm, assault, rape or sexual offense or attempted rape or sexual offense, false imprisonment or death. Stalk
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5.9%
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| | 7. Divorce Source: WHAT IS INTERSPOUSAL IMMUNITY?
Now, spouses in Maryland may sue each other for any injuries they incur, such as injuries resulting from stalking or domestic violence. Prior to the abolishment of interspousal immunity, spouses in Maryland could only sue each other in cases involving outrageous or negligent conduct. Therefore, inju
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5.9%
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| | 8. Divorce Source: Violating a Restraining Order
In many cases, a restraining order simply is written in an unfeasible manner. In most instances, divorced couples still have to raise their children together even when a restraining order bars them from having any contact with each other. When the parties are married, a Family Court will issue a res
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5.9%
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| | 9. Divorce Source: Change of Beneficiary for Life Insurance Policy
(©1998) Change of Beneficiary for Life Insurance Policy. The Kansas Supreme Court held in Wear v. Mizell that a spouse may change the beneficiary of a life insurance policy unless a restraining order has been
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5.9%
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| | 10. Divorce Source: Impact of Temporary Restraining Order
(©1998) Impact of Temporary Restraining Order. Clients and their lawyers should proceed with caution if an injunction is in place that forbids the transfer of marital property.
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5.9%
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