Q: i have a domestic charge against me on my fiance can she hold my daughter against me?
A:
Maybe. If your fiance gets a Protection from Abuse (PFA) Order against you, a judge could award him sole temporary custody of your daughter (presuming your daughter is also your fiance's daughter). Your fiance could also file a custody case against you and obtain custody that way -- although that usually takes a long time if there are no emergency motions filed.
In addition, there often is a bail condition in domestic assault cases that the abuser may not have any contact with the victim -- and that effectively prevents you from communicating with your fiance about custody of your daughter, so be aware of that.
However, if there's no present court order awarding your fiance custody of your daughter, you should have as much right to see your daughter as your fiance does -- again, this is assuming that you both are the biological parents of your daughter. If your fiance is NOT also your daughter's biological parent, then your fiance would have no right to any custody of your daughter without a court order. Hope that's clear.
Best of luck to you.
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