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My daughter was molested by her father, what can I do to restrict his visitation?

Chula Vista, CA |

My six year old daughter was molested by her father in September of 2012. I immediately filed a restraining order, and was granted it the same day. My daughter and I live in San Diego, her father lives in Los Angeles county, so San Diego sent the case to L.A., saying S.D. has no jurisdiction. He failed to cooperate with detectives, so the investigation has been at a standstill, but without resolution. There are still charges pending. It has been 8 months without any resolution for or against him, so the Judge cancelled the restraining order, and reinstated the previous visitation. He has since moved from a three-bedroom house to a rented room in another house, and has nowhere where my daughter can sleep. I just want my daughter to be safe.

Attorney Answers 3


  1. You will need to file a Request for Order FL-300 along with a declaration.
    This is a very serious case, you should not hesitate and hire an attorney.

    The information on this website is for general information purposes only. Nothing on this website should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.


  2. You need an attorney immediately so that you can either seek another restraining order or so that you can request no visitation or supervised visitation. Cases involving domestic violence are serious -- the courts will look to protect the best interests of the child. It may be that the father should have no visitation or supervised visitation, but you will need the assistance of a competent family lawyer to file the correct forms for you. In addition to the regular forms, there are supplemental forms which will ask for immediate relief. From your question, it appears it may not be in the child's best interests to wait until your case is heard -- you may need immediate relief, but your attorney would need all of the facts, not just what is listed here. An attorney specializing in family law can file the proper forms for you.

    Tina Tran, Esq. is licensed to practice law in the State of California. Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship with Tina Tran, Esq. To schedule a consultation, please call (925) 357-0431. www.tinatranlaw.com Thank you.


  3. The allegations in this matter are very serious. You should file a Request for Order (RFO) to ask for his parenting time to be limited or restricted while the allegations are being investigated. Has CPS been involved in this matter and have they interviewed your child. I worked for both CPS and Family Court Services (FCS) in San Diego and i know if these allegations were mentioned at FCS during the custody mediation session, they would want to check with CPS to see what their investigation provided. Also, someone should try and push the investigation with the detectives. This is very concerning and you should contact an attorney who has experience with child abuse matters and CPS like myself to help you in court to protect your daughter.

    Answering this question does not form an attorney-client relationship in any way. The answer provided is for general information only as it is impossible to obtain the entire facts from the question posted here. You should always talk to a local attorney who can advise you on your specific matter.

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