Relationships often fall apart, and when they do, it is not uncommon for one party to move to another city or state. If disagreements between formerly romantically involved people result in legal action, it may be uncertain which forum has the right to handle such disputes. It is clear, however, that the California courts cannot preside over a family law matter if they do not have jurisdiction over the parties. This was demonstrated in a recent California case in which the court ultimately vacated a domestic violence restraining order against the defendant, citing the lack of personal jurisdiction over the defendant. If you are involved in a family law dispute with someone who lives in another state, it is in your best interest to retain a seasoned San Diego family law attorney to discuss your options for protecting your interests.
Factual Background of the Case
It is reported that the husband and the wife married in California in 2005, had three children, and moved to Texas in 2015. The wife left Texas in 2019 to return to her parent’s home in California and took the minor children with her. She subsequently filed a petition for legal separation and requested a domestic violence restraining order (DVRO). The husband moved to quash service of process with regard to the DVRO request, but the court denied his motion and issued an order granting the wife’s request. The husband appealed, arguing the court erred by denying his motion to quash.
Personal Jurisdiction in California Family Law Cases
The husband argued that the Court lacked personal jurisdiction over him, and therefore should have granted his motion to quash and dismissed the case with prejudice. On appeal, the court agreed and directed the trial court to issue an order granting the husband’s motion to quash the DVRO. Continue reading