Chicago, IL asked in Adoption and Domestic Violence for California

Q: If I have a restraining order for me and my children and get a charged can the CPS judge order the abuser visitation

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James L. Arrasmith
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Answered
  • Domestic Violence Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you have a restraining order protecting you and your children, the court is aware of the concerns about safety. However, even with a restraining order, a judge can still order visitation for the other parent under certain conditions. The court’s main focus is the best interests of the child, and sometimes supervised visitation is considered safe enough.

If there is an ongoing CPS case, the judge will carefully evaluate the situation. They will consider factors like the severity of the abuse, the evidence provided, and the potential risk to the children. The court may order supervised visits, or even deny visitation if the risk to the children is too great.

It’s important to communicate all concerns to your attorney or the court. Every situation is unique, and the judge’s decision will depend on the details of your case.

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