Private Investigative Firm Sees Increase in Cases in Determining the Validity of Retraining Orders
July 7, 2005 (Press Release) --
Dietz Associates Inc., a private investigative firm headquartered in San Jose, CA has seen an influx of domestic investigations in the past year. A number of these cases involve individuals who are separating from their spouses and have been issued with restraining orders. Within the last 5 years, new domestic violence laws have changed the landscape in family law. Allegations of domestic violence now permeate the courthouse. Is this because we see more domestic violence today? Or is it because the new laws greatly broaden the definition of domestic violence and create an incentive to make allegations of domestic violence? Given the dramatic consequences a restraining order now has, and the ease with which one can be obtained, many family law attorneys seem to make obtaining restraining orders for their female clients standard procedure.
In Santa Clara County and throughout most of the US, an individual can walk into their local courthouse, file a petition stating that they fear they are “in imminent danger” from their spouse, a judge reads the request and a restraining order is issued the same day. The grounds for issuance of a restraining order include not only serious acts of domestic violence but also:
o Annoying telephone calls
o Threats made in the heat of the moment
o Destroying personal property
o Harassment
These acts can be claimed without any physical violence, or history of physical violence.
Restraining orders can tell someone to stay away from their: Family, Church, Home, stop calling friends or family, give up the right to own a gun (while this doesn’t affect most people, a restraining order can end a police officer’s career), limit or even eliminate the time he or she spends with their children, require a party to pay certain bills, pay child support, release or return certain property, or pay some or all of the other party’s attorney fees. In addition, a party found to have committed an act of domestic violence is presumably unfit to have custody of a child for the next 5 years.
Now a father who wants to continue being a parent must fight restraining orders. Dietz Associates, Inc. has been taking on a number of cases to investigate the validity of these restraining orders. We seek to determine whether this is a case where restraining orders are necessary and appropriate or if this is a case where one party is trying to use the extremely broad domestic violence laws to obtain an advantage in a custody battle?
Of course, restraining orders serve an extremely important purpose in cases where a spouse or child is in danger. Restraining orders have helped to save lives.
However, there are instances where the petitioning spouse may exaggerate or falsify the allegations on a restraining order.
Kevin Hutcheson, Attorney at Law, Dominion Law Group says, “Investigation can be the difference between winning and losing a fight over a domestic violence restraining order. I use the services of Dietz Associates, Inc. because I can count on them to aggressively investigate any allegation and get the results we need when we need them. In today’s world, that can mean the difference between a child growing up with two parents, or just one.”
In Santa Clara County and throughout most of the US, an individual can walk into their local courthouse, file a petition stating that they fear they are “in imminent danger” from their spouse, a judge reads the request and a restraining order is issued the same day. The grounds for issuance of a restraining order include not only serious acts of domestic violence but also:
o Annoying telephone calls
o Threats made in the heat of the moment
o Destroying personal property
o Harassment
These acts can be claimed without any physical violence, or history of physical violence.
Restraining orders can tell someone to stay away from their: Family, Church, Home, stop calling friends or family, give up the right to own a gun (while this doesn’t affect most people, a restraining order can end a police officer’s career), limit or even eliminate the time he or she spends with their children, require a party to pay certain bills, pay child support, release or return certain property, or pay some or all of the other party’s attorney fees. In addition, a party found to have committed an act of domestic violence is presumably unfit to have custody of a child for the next 5 years.
Now a father who wants to continue being a parent must fight restraining orders. Dietz Associates, Inc. has been taking on a number of cases to investigate the validity of these restraining orders. We seek to determine whether this is a case where restraining orders are necessary and appropriate or if this is a case where one party is trying to use the extremely broad domestic violence laws to obtain an advantage in a custody battle?
Of course, restraining orders serve an extremely important purpose in cases where a spouse or child is in danger. Restraining orders have helped to save lives.
However, there are instances where the petitioning spouse may exaggerate or falsify the allegations on a restraining order.
Kevin Hutcheson, Attorney at Law, Dominion Law Group says, “Investigation can be the difference between winning and losing a fight over a domestic violence restraining order. I use the services of Dietz Associates, Inc. because I can count on them to aggressively investigate any allegation and get the results we need when we need them. In today’s world, that can mean the difference between a child growing up with two parents, or just one.”
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