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

Q: Wife is contempting Court Ruling, Domestic Violence Restraining Order?

Wife moved to DV shelter with our 3yo son and reported with DCFS & local police, in addition to filing a TRO. Both DCFS and police investigations concluded without evidence, and Court dissolved the TRO due to a lack of credibility. This point was stressed three times in the judge's ruling, which I have a transcript of. We currently have temp joint custody until RFO hearing scheduled two months from now. Recently, while discussing our child's birthday plan on TalkingParents, I expressed a desire not to include her 12yo daughter in our visit to Disneyland. This was due to her daughter's previous involvement in the false DV allegations. I also mentioned our son's birthday falls on my parenting time, suggesting it should be an event shared just between my wife, myself, & our son. but wife retorted angrily, "if I was not given a protective order, it does not mean that the statements are false". Can I include this interaction from our Talking Parents conversation in my declararation for RFO.

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

A: Based on the information provided, it seems that your wife is disregarding a court ruling on a Domestic Violence Restraining Order (DVRO). The court dissolved the Temporary Restraining Order due to lack of credibility, but you have temporary joint custody until the Request for Order hearing. It is advisable to consult with your attorney regarding including the communication from TalkingParents in your RFO declaration. They can provide guidance on its relevance. Remember to maintain respectful and child-focused communication throughout this process.

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