Girl, seventeen, pregnant with twins, flees Anaheim, CA hospital to avoid a forced abortion.

forced abortion, restraining order, women's rights, minor

Seventeen year old girl flees Anaheim hospital, escaping forced abortion. How can she protect herself and her pregnancy?

Her parents are now trying to take her to India for an abortion against her will. What can she do?

The courts in California have a strict policy, their primary concern is to act in the best interests of the child. Being forced to have an abortion might be considered child abuse by the court.

If so, she may be able to prevail in securing a temporary restraining order prohibiting her parents from forcing an abortion on her committing what may amount to a battery (an unwanted touching), by the doctor performing a pregnancy termination. The court could then appoint Minor’s Counsel, an attorney that would represent her interest.

Child Protective Services?

Currently in California, your friend has a right to let a judge know her feelings about abortion because of her age. A court would likely give great weight to her preference and may very well protect her from her parents. It may even involve the child protective services who could remove her from her parents home.

Domestic Violence Help Centers

She is old enough under the Domestic Violence Protection Act in the California Family Code to seek a restraining order on her own. A local court may have a Domestic Violence Help Center to assist her in obtaining the initial order, but she will probably need an attorney to represent her at the hearing. If she is successful in obtaining the initial order, her parents will be restrained from taking her back to India until an appropriate court decides her case.

Learn more about minor’s rights and pregnancy at this website. Your health, your rights.

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About Barbara Hammers

Ms. Hammers is a native Southern Californian born in Glendale, California. After several years of running successful businesses, she earned her degree in Psychology, graduating with highest honors from California State University, Fullerton. Ms. Hammers went on to earn her law degree from University of California, Los Angeles, and started her own practice shortly thereafter. Although she has some civil litigation experience, she has concentrated her law practice in the area of domestic relations/Family Law since 1997. She is certified as a Specialist in Family Law by the State Bar of California, Board of Legal Specialization. Ms. Hammers is currently the senior litigation partner in Hammers & Baltazar, LLP, with offices located in Santa Monica and Newport Beach, California. Her organizational memberships include the Family Law Sections of the State Bar of California, Los Angeles County Bar Association, Santa Monica Bar Association, Beverly Hills Bar Association, Orange County Bar Association, American Bar Association and is currently a member of the Family Law Executive Committee for the State Bar of California (FLEXCOM). She was the Chair for the State Bar of California's Children's Issues Committee from 2005 to 2009, was the Committee's Secretary from 1998 to 2003, and the Vice Chair from 2003 to 2004. She is currently serving as a member of the Board of Directors for the Association of Certified Family Law Specialists. She is the Chair of the Santa Monica Bar Association's Family Law Section and is the incoming president of the Santa Monica Bar Association. She is a member of the Los Angeles County Bar Association's Family Law Section Executive Committee. She is a graduate of the American Bar Association, Family Law Trial Advocacy Institute. Ms. Hammers has lengthy experience in program presentations for the Family Law Section of the Santa Monica Bar Association and has coordinated and hosted monthly MCLE programs approximately 10 times per year since 2006. She has developed and presented programs for the American Bar Association's Family Law Section and has assisted in the development of programs for the State Bar of California, Family Law Section. She has also authored articles on fathers paternity rights, division of stock options, law practice management, domestic violence prevention, and various other topic of interest to the family law community. Her volunteer efforts in the community have included assisting victims of Domestic Violence through volunteering at local Domestic Violence Clinics in Los Angeles County, and she has been assisting the Los Angeles County Superior Court in Family Law, Traffic, Civil Harassment, and Small Claims in courthouses throughout Los Angeles County since 2007. Early training as a litigator allows her to move comfortably in the family court system but her natural talents as a problem solver make her an excellent mediator. In her desire to offer the full range of legal services to the family law client, she has expanded her practice to include Collaborative Divorce which allows the family law client an alternative to the traditional legal model of litigation to resolve disputes. Collaborative Divorce allows the clients and their counsel to fashion remedies that make the process of divorcing one with the potential of growth for both parties while preserving the resources of the couple and lessening the damage to children often experienced in the adversarial process. The outcome is usually better than can be obtained in the traditional litigation setting. Ms. Hammers can be contacted at her office in Los Angeles County at Hammers & Baltazar, 1410 2nd Street, Suite 302, Santa Monica, CA 90401 (310) 458-0796, or at her Orange County office located at 901 Dover Drive, Suite 211, Newport Beach, CA 92660 (949) 631-2805. Areas of Practice: 100% Family Law Litigation Percentage: 75% of Practice Devoted to Litigation Certification/Specialties: Family Law, State Bar of California, Board of Legal Specialization, 2006 Bar Admissions: California, 1997 U.S. District Court Central District of California, 1997 U.S. Supreme Court, 1997 Education: University of California at Los Angeles School of Law, Los Angeles, California, 1997 J.D. California State University, Fullerton, California, 1994 B.S. Honors: Summa Cum Laude Honors: Dean's List & Consecutive Semesters Major: Psychology Citrus Community College, Glendora, California, 1991 Associate Science Honors: With Honors Major: Cosmetology Professional Associations and Memberships: State Bar of California, Family Law Section, 2008 - 2011 Executive Committee Los Angeles County Bar Association Member Santa Monica Bar Association, 2009 - 2010 President Elect Beverly Hills Bar Association Member Orange County Bar Association Member American Bar Association Member State Bar of California, 2005 - 2008 Chair, Children's Issues Committee State Bar of California, 1998 - 2003 Children's Issues, Committee Secretary State Bar of California, 2003 - 2004 Children's Issues, Vice Chair Santa Monica Bar Association, Family Law Section, 2006 - 2009 Chair The Santa Monica Bar Association Board of Trustees Los Angeles County Bar Association, Family Law Section, 2007 - 2010 Member, Executive Committee
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