Asked in Family Law and Domestic Violence for California

Q: What should my son do to help him?

My son pushed his girlfriend and she pinched him , during the incident her 5yr old daughter was present and thier 4 month old. The girlfriend called the cops, but the cops never contacted my son and the girlfriend still came around. The GF has a therapist and mentioned to him that my son has a temper , so the therapist called CPS and now my son has to have supervised visits and judge is telling her to get a restraining order. They've been together this whole time and she's even let my grandson stay over my son's house. So obviously she doesn't fear for or my grandsons life. She even told me she made a mistake and only wanted to teach my son lesson , and didn't think it would go this far. Her therapists showed her a letter saying the case was dropped by CPS in April so why did this even and judge wants her to get restraint order only for herself. What can my son do ?

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3 Lawyer Answers

Sergio H. Benavides

Answered
  • Domestic Violence Lawyer
  • San Francisco, CA
  • Licensed in California

A: Gf has a choice to make and can't let herself be pressured by a judge for a Restraining Order. She decides, not a judge. Your son should not pressure gf to avoid a RO, because that could lead to additional criminal charges.

Joseph Torri

Answered
  • Domestic Violence Lawyer
  • Riverside, CA
  • Licensed in California

A: Social workers and/or the dependency court will sometimes require one parent to obtain a restraining order (or at least try) to protect the child or the court could take away the child from both parents. If there is a court case, it appears that the case is not going away. It sounds like this is a dependency court situation and consulting with a dependency lawyer will be critical. The dependency court court can interfere even when the parents don't want court intervention. Third-party reporters can trigger a serious inquiry.

Ali Shahrestani, Esq.

PREMIUM
Answered
  • Criminal Law Lawyer
  • San Francisco, CA
  • Licensed in California

A: Your son may need a criminal defense attorney. The girlfriend may be subpoenaed to testify by the DA in any case they bring against him. CPS may also investigate the matter to help ensure child safety, regardless of the parents' wishes.

See: http://www.aeesq.com/divorce-attorney/child-custody/

See: http://www.aeesq.com/criminal-defense-lawyer/violent-crimes/

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