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Can a Person File for a Protective Order After a Prior Petition is Dismissed

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  • 05-18-2016, 12:17 PM
    crimson707
    Can a Person File for a Protective Order After a Prior Petition is Dismissed
    My question involves restraining orders in the State of: CA

    My wife (now ex-wife) had been having an affair and wanted out of the marriage. She very suddenly moved out of our house and moved into her new partner's house, which is located in a different county. Soon after moving out my wife filed for and was granted a TRO, making the most outrageous accusations. This TRO was granted in her new county of residence.

    I immediately filed for divorce in our county of residence. The divorce and the TRO were considered related cases, and divorce being the primary case, both cases were transferred to the county where we had both resided as a couple. It was determined that our county of marital residence and also the site of the alleged abuse was the correct jurisdiction for litigation. A "motion for change of venue" was granted, and the new court accepted jurisdiction. Months later divorce was finalized and assets divided.

    Then came the DV Restraining Order hearing. I showed up in court with my lawyer. However, my ex-wife never showed up. The case was dismissed by the judge "without prejudice".

    It appears that a few days after dismissal she re-filed in her current county of residence. Jurisdiction has already been determined and as far as I understand, a dismissal without prejudice does not terminate a court's jurisdiction over a matter. Can she do this? What should be my mode of action? Do I have to have my lawyer drive hours to the new venue? I feel like she purposefully did not appear in court for the hearing so as to be able to file it in a different county after dismissal without prejudice. There must be some law against doing this.

    Any advice is appreciated.
  • 05-18-2016, 12:25 PM
    Dogmatique
    Re: Abuse
    Quote:

    Quoting crimson707
    View Post
    My question involves restraining orders in the State of: CA

    My wife (now ex-wife) had been having an affair and wanted out of the marriage. She very suddenly moved out of our house and moved into her new partner's house, which is located in a different county. Soon after moving out my wife filed for and was granted a TRO, making the most outrageous accusations. This TRO was granted in her new county of residence.

    I immediately filed for divorce in our county of residence. The divorce and the TRO were considered related cases, and divorce being the primary case, both cases were transferred to the county where we had both resided as a couple. It was determined that our county of marital residence and also the site of the alleged abuse was the correct jurisdiction for litigation. A "motion for change of venue" was granted, and the new court accepted jurisdiction. Months later divorce was finalized and assets divided.

    Then came the DV Restraining Order hearing. I showed up in court with my lawyer. However, my ex-wife never showed up. The case was dismissed by the judge "without prejudice".

    It appears that a few days after dismissal she re-filed in her current county of residence. Jurisdiction has already been determined and as far as I understand, a dismissal without prejudice does not terminate a court's jurisdiction over a matter. Can she do this? What should be my mode of action? Do I have to have my lawyer drive hours to the new venue? I feel like she purposefully did not appear in court for the hearing so as to be able to file it in a different county after dismissal without prejudice. There must be some law against doing this.

    Any advice is appreciated.

    What did your attorney advise you?
  • 05-18-2016, 12:33 PM
    crimson707
    Re: Abuse
    Since the divorce was finalized, I don't have a family law attorney anymore. I have a Criminal Defense attorney for the DV matter, and he doesn't seem to be sure on the question of jurisdiction at this point.
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