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?
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.
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
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