Legal Question in Family Law in California

My wife filed for and was granted a TRO, making the most outrageous accusations. This TRO was granted in her new county of residence where she moved in with her new boyfriend immediately after moving out.

I immediately filed for divorce in our county of residence. The divorce and the TRO were considered related cases, and divorce being the primary case, both cases were transferred to the county where we had both resided as a couple. It was determined that our county of marital residence and also the site of the alleged abuse was the correct jurisdiction for litigation. New court accepted jurisdiction. Months later divorce was finalized and assets divided.

Then came the DV Restraining Order hearing. I showed up in court while my ex-wife never showed up. The case was dismissed by the judge "without prejudice".

It appears that a few days after dismissal she re-filed in her current county of residence. Jurisdiction has already been determined and as far as I understand, a dismissal without prejudice does not terminate a court's jurisdiction over a matter. Can she do this? What should be my mode of action? I feel like she purposefully did not appear in court for the hearing so as to be able to file it in a different county after dismissal without prejudice. There must be some law against doing this.

Any advice is appreciated.


Asked on 5/18/16, 11:41 am

1 Answer from Attorneys

You are up against a distinction that is sometimes hard for lay people to understand, between "jurisdiction" and "venue." Jurisdiction is the legal power of a court to rule on a matter. The "jurisdiction" is in the Superior Court of California. If any Superior Court has jurisdiction, all Superior Courts in all counties have jurisdiction. You are correct that dismissal without prejudice does not end jurisdiction. It does, however, close the case that is venued in that courthouse.

Venue is the issue of which county's Superior Court is the proper location for a matter to be heard. There may be multiple proper venues or there may only be one depending on the nature of the case and the parties involved. There is no law against a case being dismissed in one venue and then refiled in another. So the question is whether the new court is a proper venue. Under the Code of Civil Procedure, the county of residence of either the petitioner or the respondent is a proper venue for a DV restraining order case. However, in the interests of justice, you can make a motion to have a case transferred from one county that is proper venue to another county that is proper venue. So although she has not violated any law by doing what she did, your situation provides a pretty good case for asking the court in her county to dismiss her case and order her to refile it in your county, or to order a change of venue to transfer her new case to your county, particularly since the alleged violations all occurred in your county.

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Answered on 5/18/16, 12:56 pm


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