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Can a 1542 waiver prevent a restraining order?

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freeforever

Junior Member
What is the name of your state (only U.S. law)? California

I had a civil case with my ex that settled with a 1542 waiver. We had a case in family court regarding visitation of our child and my ex filed a restraining order against me with the same charges that were in the civil litigation which were supposed to be waived.

At the hearing we cited the 1542 waiver but the judge stated that he knew of no such precedence that would keep my ex from filing the restraining order based on the 1542 waiver.

Can anyone shed light here?

Thanks
 


CdwJava

Senior Member
It appears the 1542 waiver relates to financial claims, not claims for protection.

Were the identical issues articulated in the petition for the TRO heard by the Family Court when discussing any restraining orders?

A general release does not extend to claims which the
creditor does not know or suspect to exist in his or her favor at the
time of executing the release, which if known by him or her must
have materially affected his or her settlement with the debtor.​
 

freeforever

Junior Member
It appears the 1542 waiver relates to financial claims, not claims for protection.

Were the identical issues articulated in the petition for the TRO heard by the Family Court when discussing any restraining orders?

A general release does not extend to claims which the
creditor does not know or suspect to exist in his or her favor at the
time of executing the release, which if known by him or her must
have materially affected his or her settlement with the debtor.​
Thanks for the reply. Yes they were heard. The argument from my side is that they sought injunctive relief which is the same as a restraining order. The language states that it's a claim and names a creditor and a debtor but doesn't necessarily limit it to financial claims. Looks like a legal grey area.
 

CdwJava

Senior Member
What does your attorney say? I have not heard of it used in this context (which doesn't mean it cannot, only that I have not heard of it used), so it may provide you little relief. Be prepared to argue the matter before a judge when a hearing date is set. And, it would be best if you were represented by counsel.
 

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