Visalia, CA asked in Criminal Law, Family Law and Child Custody for California

Q: my children's mother made an accusation of domestic violence I have not seen or heard from my children in five days how

May I legally see them

1 Lawyer Answer
Joseph Torri
Joseph Torri
Answered
  • Criminal Law Lawyer
  • Riverside, CA
  • Licensed in California

A: If there is a domestic violence restraining order order in place or a temporary restraining order, you cannot see them under most circumstances. You need a lawyer to review the orders, if there are any. You may need to file a request for order for child custody and visitation. If this is just an accusation and she didn't file for a restraining order, maybe you can hire a lawyer to talk with her to arrange a parenting plan. More facts are required to provide a thorough analysis. Be very cautious when someone makes allegations of domestic violence as DV findings can hurt custody rights.

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