Sacramento, CA asked in Family Law for California

Q: Can I get full child custody with my husband. I have restraining order against him. He is violent. He has criminal recor

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1 Lawyer Answer
Gina Marie Famularo
Gina Marie Famularo
Answered
  • Corona, CA
  • Licensed in California

A: There is not a lot of information to go on here. Is there still a restraining order? When was it issued? We're the children present? What does he have a criminal record for? How long ago? Is it a felony or misdemeanor? Is he on probation?

The general rule is that the court must assume your ex should not have legal or physical custody of the children if a domestic violence restraining order was issued against him within the past five years.

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