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Wednesday
Feb262014

New Family Law Adds Impersonation to Domestic Violence Claims

 

by Michelle S. Robins

 

Identity thieves beware, restraining orders can and will be issued against you in the future. 

Certain sections of the California Family Code regarding domestic violence have been repealed and amended, going into effect as of July 1, 2014. Currently, the law says a court may decree that a party cannot molest, threaten, attack, strike, stalk, sexually assault, batter, harass, destroy the personal property, contact (via telephone or mail, directly or indirectly) or otherwise disturb the peace of certain named family or household members.  

In July, add credibly impersonate or falsely personate, to this list.

Assembly Bill 157, written by Nora Campos of the 27th District, makes it a crime to falsely impersonate or steal the identity of a domestic violence victim. According to Campos' State Assembly website, false impersonation online is becoming a growing problem for those who suffer abuse.

When the law goes into effect, a judge may issue an ex parte restraining order against a person that falsely impersonates another person.  This means that the alleged domestic violence victim may not have to give the domestic violence perpetrator notice of a request for a restraining order or the time required for notice may be shortened. 

Furthermore, in some cases, the alleged domestic violence perpetrator does not even have to be present in court when temporary domestic violence restraining orders are issued.  Once restraining orders are issued, those who violate the order may be held in contempt of, which is a misdemeanor.

Disclaimer:

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