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  1. #1
    Join Date
    Aug 2018
    Posts
    1

    Default How to Dismiss a Restraining Order in Order to Claim Spousal Support

    My question involves a marriage in the state of: California. My wife was granted a restraining order against me on 9/21/2015. She lied to get it, and I have incontrovertible evidence proving so. I was out of the state and unable to attend the permanent hearing, and therefore unable to defend myself. By the time I returned home, she changed her mind about it and never served it to me, so I just ignored it.

    However, I was just told by "someone" that I am unable to ask for spousal support in the divorce, even if it expires on 9/20/2018 without her ever serving it to me. I briefly spoke with a lawyer a couple months ago who said my wife would need to file to have the RO dismissed in order to ask for spousal support. But my wife is not willing to expend the effort since itís going to expire in a month. She has no idea I want it dismissed just for the purpose of spousal support.

    Question 1: According to the DV-400_INFO document, I (as the restrained party) can file form FL-300 to have the RO dismissed. But if Iím the one filing and itís dismissed, am I still able to claim spousal support?

    Question 2: Also, if the RO expires on 9/20/2018, I doubt the hearing to dismiss will happen by then. So is it necessary for me to have it dismissed before then, or simply file to have it dismissed before then?

    Iíve left out A LOT of details that I thought were irrelevant to the questions. If thereís anything else I should add, please ask and Iíll provide more info.

  2. #2
    Join Date
    Sep 2017
    Posts
    465

    Default Re: How to Dismiss a Restraining Order in Order to Claim Spousal Support

    I'm confused about the 3 year gap.
    Clearly you haven't been living with your wife for 3 years, so where have you been living and what's the status of your divorce?

  3. #3
    Join Date
    Jun 2014
    Posts
    2,910

    Default Re: How to Dismiss a Restraining Order in Order to Claim Spousal Support

    How have you been surviving for the past three years ? Why can't you get a job ?

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