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Does a Trial Court’s Jurisdiction To Make Child Support Orders Survive The Dissolution/Termination Of A Temporary Restraining Order?

Does a Trial Court’s Jurisdiction To Make Child Support Orders Survive The Dissolution/Termination Of A Temporary Restraining Order?

Posted on March 16th, 2013

Yes. In the case of Moore v. Bedard (2013) ____ Cal. App. 4th ___, in 2006, Wife requested domestic violence restraining orders to protect her from Husband who is the father of their three children.  Her request for DVPO’s also asked for child custody, visitation and child support orders that would modify orders entered in 2002.  A TRO was issued but was never served.  When the matter came on for hearing the parties stipulated to orders that dissolved the temporary restraining order.  The stipulation also resolved child support and other monetary issues.

In 2009, Riverside County DCSS began enforcing the support orders.  In 2011, after a trial, the court found that because the 2006 restraining was dismissed the child support order included in the 2006 stipulation was voided and unenforceable.

On appeal, the Court found that “any orders for custody, visitation or support, in a restraining shall survive the termination of any protective order.”