My ex and I have joint custody, he has placement. My boyfriend does not have a history of violence, child abuse, domestic assaults, etc. He has had a few minor charges for drug related issues in the past, distant past, and has not had to serve any jail time. He also has his 15 year old son actively in his life. Can my ex legitamately obtain a RO just because he has been arrested before?
Real Estate Attorney
Based on your facts a judge would not grant a permanent RO. It does not prevent your ex from trying to protect the kids from a real or imagined danger. Judge will have to decide if there is any danger.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.