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 ?

Related Topics:
3 Lawyer Answers
Sergio H. Benavides
Sergio H. Benavides
Answered
  • Domestic Violence Lawyer
  • San Leandro, 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
Joseph Torri
Answered
  • Criminal Law 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,
Ali Shahrestani,
Answered
  • New York, NY
  • 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/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.