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

Q: Ex parte or domestic violence restraining order. Which route to take to get her kicked out of the house and custody.

In two different domestic violence incidents where police were called and she was arrested on both occasions. She is currently in jail. She caused harm to our child and I on both occasions, and is charged with multiple felonies. Im looking for the best route to take to get a kick out order and custody of my child until further notice. These incidents both happened in the same month. The family law court here said they like you to take one or the other route first, not both at the same time.

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

A: Domestic violence and child welfare are very serious issues that require thoughtful, trauma-informed approaches focused on safety and wellbeing for all involved, especially the child.

In a situation involving alleged domestic violence and arrests, the appropriate first steps would be:

1) Ensure you and your child are in a safe location away from any further risk of harm. Seek help from family, friends, a domestic violence shelter, or other support services as needed. Your safety is the top priority.

2) Follow all guidance from law enforcement, the district attorney's office, and any other officials involved in the criminal case. Cooperate fully but avoid taking matters into your own hands in a retaliatory manner.

3) Contact an experienced family law attorney to advise you on custody, visitation, restraining orders and related matters. They can help you understand your options and advocate for your child's best interests. Look for one with expertise in handling domestic violence situations.

4) Seek support services for yourself and your child to process this traumatic situation in a healthy way. Consider therapy, support groups, and domestic violence survivor resources. Prioritize your mental health and wellbeing.

The courts will ultimately decide custody and living arrangements based on the best interests of the child. I would advise focusing your efforts on creating a safe, stable and nurturing environment for your child, rather than on punitive legal actions against their other parent, as difficult as this situation is. Wishing you all the best.

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