IN the years that I have practiced family law here in Los Angeles, I found that my Pilipino clients have to be briefed about the law and what the law could and would provide for them. They tend to bring their own knowledge of the law from the Philippines and expect that the Philippine law would also apply here in the United States. This is rarely the case.
California state laws are very progressive in the area of family law and tend to be followed by the other states in this country. That is why it is very important that we Pilipinos know our rights in this area so that we could plan ahead of time before it is too late. In today’s article, I would like to discuss restraining orders and their effect.
A restraining order is a judicial order (granted by a judge or commissioner) preventing a person from doing certain things to a “protected person.” One common restraining order is a stay-away order. This restraining order prevents a person from approaching the protected person. Usually, this means that the person must stay away 100 yards from the protected person. In addition, the person can be ordered from coming near the protected person’s home and workplace. Should this person violate the court order and come near the protected person, that person could go to jail for violating the restraining order.
For example, let’s say my ex-husband was devastated from our divorce. He is the jealous type and could not bear to see me with another man. After our divorce, I started seeing someone that I liked very much. In fact, I see this new man nearly every day, enjoying each other’s company.
My ex-husband found out about my new relationship through our mutual friends and contacted me. He contacted me to tell me that he would hurt me should I continue to see this new man. He further told me that he would carry out this threat and to be scared of him.
Of course, I got scared. What if he does carry out this threat? What if he does stalk me and would hurt me if he sees me with this new man? I need protection and I need to feel safe again. Therefore, I sought an attorney the following morning and within a couple of days, the attorney was able to obtain for me a restraining order that could become a permanent restraining order for 3 years. In that restraining order, my ex-husband was prevented from coming 100 yards near my home and workplace. Moreover, I obtained a restraining order preventing my ex-husband from communicating with me. He cannot call me anymore. After going to court and obtaining the restraining order, I feel safe. In addition, should my ex-husband come near my home or workplace, I could have him arrested for violating the restraining order.
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Ethelene F. Salas, Esq. is a practicing family law attorney. Ms. Salas is a Filipino-American born in the Philippines, raised in the United States, and speaks Tagalog fluently. The Law Offices of Ethelene F. Salas is located at two locations – the main office at 100 N. Barranca St., Suite 700, West Covina, CA 91791 and affiliated offices at 18000 Studebaker Road, Suite 700, Cerritos, CA 90703. To schedule an appointment with her, please call (626) 858-4646 or visit www.EFS-Law.com.
