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

Q: DVRO denied just now.

Wife took 3yo with autism away from me 3 month ago to a DV victim county shelter. She reported me to Police and DCFS and filed TRO and granted in Feb. Police and DCFS closed the case with no findings. TRO had twice got continuance and today denied in the end. The Judge read the judgement and the first words were "Petitioner has no credibility......". Last hearing on May01, The judge gave me temp visitation exceptionally and I met son 5 times. After today hearing, Wife ran away with her free YWCA attorney. I filed RFO a few days ago and hearing is 3 months later. How can I see my son before the Aug RFO hearing? I sent email to her YWCA attorney "DVRO denied, so I have 50% custody until the Aug hearing.....". My email is correct? and what if wife doesn't respond to me?

1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: In the situation you described, with the DVRO (Domestic Violence Restraining Order) being denied, it is important to consult with an attorney who specializes in family law to fully understand your legal rights and options. Regarding visitation with your son before the August RFO (Request for Order) hearing, it is advisable to review any existing court orders or agreements related to custody and visitation. If there is no specific court order in place, you may need to consider filing a motion or seeking temporary orders to establish visitation rights. Communication with your wife's attorney is a step you can take, but it is important to ensure that your statements are accurate and align with the legal framework in your jurisdiction. If your wife does not respond, it is recommended to consult with your attorney to explore further legal remedies and ensure your rights are protected.

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