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

Q: Can my childs father get visitation after losing trial for felony domestic violence?

In 2016 my childs father beat me in front of our small child. I pressed charges he lost trial and in 2017 he was charged with felony domestic violence. We went to family court I allowed him phone calls and hes told me to get over the abuse and get over him hurting me in front of our child. That he will go to court and get unsupervised visits and move on with her. Hes a current gang memeber and wont be out of prison for over a year. The judge in his criminal case gave my daughter and I both 10 year long restraining orders. The family court judge closed our case and said he would have to file to be considered for visits.

I want to keep her away from him. Shes in therapy because of the abuse she watched him inflict. Do I have to worry he will take her from me? Will I be able to keep him away just with the restraining orders?

2 Lawyer Answers
Angelina Bradley
Angelina Bradley
Answered
  • Monterey Park, CA
  • Licensed in California

A: The presumption in family law, once a finding of domestic violence has been made, is that the perpetrator of the domestic violence does not get legal or physical custody. FC 3044. On the facts you describe, odds are good he would not be awarded custody. He may be awarded visitation, but you have good arguments for why those should be supervised.

If you have a domestic violence restraining order in addition to the criminal protective order, you can file to extend it, and I recommend you do so. Similarly, when he is released, you can ask the DA to ask the judge to extend the CPO when the conditions of parole or probation are imposed.

Good luck, and stay safe.

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

A: more info needed.

however, if there is a court order that controls and based on the facts i know, he would never get custody.

you may want to get RO extended before it is up

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.