Wilmington, CA asked in Family Law, Child Custody and Domestic Violence for California

Q: There is a restraining order in place against the father of my child for my protection.

Restraining order was put in place during the time I was pregnant. Do I have full custody then?

2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: need more info

however only a court orders custody.

i you have to make arrangements for him to see the child you would use a third party........some call police to meet at a place (keep the peace) to turn over the child.

you need to consult with a family law attorney, i handle accidents and dui in palm springs

Angelina Bradley
Angelina Bradley
Answered
  • Monterey Park, CA
  • Licensed in California

A: Is it a criminal protective order (CPO) or a domestic violence restraining order (DVRO)?

Most likely not, the order would specifically list protected third parties, and if the child wasn't yet born, s/he probably isn't on the order. If a DVRO, you can go to court and ask for a modification. If a CPO, you'll need to go to the DA handling your case to request that they go to court to modify for you.

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