Skip to main content

My daughters father has a history of domestic violence & gun charges, can I file for sole custody and get a restraining order?

Old Bridge, NJ |
Filed under: Sole custody

Hello, My daughter's Father, out of spite may only be filing for visitations. His life style is entirely unsuitable for a child. I know that he has supervised visits with two of his other 5 children now due to domestic violence. He also has a history of domestic violence and gun charges.....what is the likelihood that I can keep my daughter safe from this way of life, by getting sole custody and now a restraining order due to the fact that he is verbally attacking me on the phone and text messages....I am scared for myself and my daughter more than anything. I can not deal with 2 minutes if she has to leave me to go over there alone!

Attorney Answers 3

Posted

If you are being harassed by your daughter's father, you can file for a domestic violence restraining order against him and get temporary sole legal and physical custody and suspension of visitation pending the outcome of the final restraining order.

If you want sole custody of your daughter, that can be done by filing a complaint with the court under the non-dissolution/support case. In that court, the court can make suitable findings of fact as to the necessity of sole physical custody. If you are looking for no visitation or supervised visitation, you will need more than "unsuitable" lifestyle as a basis. Courts tend to foster visitation between parent and child.

You should consult with an experienced family law attorney concerning custody as there are many factors to be demonstrated to a court to take away legal and physical custody rights of a parent.

Good luck.

MARY TOM, ESQ.
HUNZIKER, JONES & SWEENEY, P.A.
Wayne Plaza II
155 Route 46 West
Wayne, NJ 07470
Phone No. (973) 256-0456
Fax No. (973) 256-4784

This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm. For legal advice, please contact and retain an attorney of your own choosing.

Mark as helpful

1 comment

Asker

Posted

Thank you so much for the advise. I am going down to the courthouse this morning. So, I know I want a restraining order due to being in fear. I also want sole custody and I will settle for supervised visits through the courts or someone other than my family because I am scared for my family at this point as well. So, I am sorry if this is a rhetorical question, but I go to get a domestic violence restraining order with temp sole custody and get papers for permanent sole custody? What about the supervised visits if I am not able to keep her away from him. She is not safe with him. All of his children are in harms way every time they are with him. I just do not know wat to do today, and then seek legal representation before the hearing? Thank you in advance!!!!

Posted

As always Mrs. Tom has provided sound advice. You can file a temporary restraining order (TRO) against your ex on the basis of his phone calls and texts. The predicate acts of domestic violence would be harassment and possibly terroristic threats (depending on if he threatens you or not). The TRO would grant you temporary sole residential custody. You shouldn't file a TRO just to get custody, as Mrs. Tom mentioned you could file a motion for sole residential custody and request that his parenting time be supervised. I'd like to encourage you to contact an attorney ( many offer free consultations) in your area to fully apprise you of your options.

Disclaimer: The information here is general and not intended to be construed as legal advice or form an attorney-client relationship. For specific advice contact a qualified attorney. James R. Fridie III Esq. The Fridie Law Group LLC 200 Campbell Drive, Suite 226 Willingboro, NJ 08046 (856) 505-8610 Office (856) 513-2810 Fax (609) 367-4688 Cell FLG@fridielawgroup.com If you found this information helpful please click the thumbs up icon below.

Mark as helpful

Posted

My colleagues are correct if he has committed an act of Domestic Violence (DV) against you. If he has not you cannot obtain a restraining order based on his prior acts against other people. Also, from experience, it is extremely difficult, if not impossible, to terminate his visitation because of his character. The visitation can be limited and supervised based on prior acts against others though. I have been successful in ending such attempts by asking the Court to require psychological evolutions, (which he needs to pay for) and if they fail to comply you can end the matter.

Mark as helpful

3 comments

Asker

Posted

Thank you so much for your generous advise. What should I expect at the trial in ten days and should I seek representation for that day? What types of things do I need to prove, when its really all hear say except for his priors......

Mark M Cheser

Mark M Cheser

Posted

In a message dated 6/27/2011 4:43:06 P.M. Eastern Daylight Time, avvomail@avvo.com writes: (http://www.avvo.com/?utm_campaign=hp&utm_content=header&utm_medium=email&utm_source=notification) _Find a Lawyer_ (http://www.avvo.com/find-a-lawyer?utm_campaign=fal&utm_content=header&utm_medium=email&utm_source=notification) | _Find a Doctor_ (http://www.avvo.com/find-a-doctor?utm_campaign=fad&utm_content=header&utm_medium=email&utm_source=notification) | _Avvo.com_ (http://www.avvo.com/?utm_campaign=hp&utm_content=header&utm_medium=email&utm_source=notificati on) Greetings, Someone has commented on your answer to question: My daughters father has a history of domestic violence & gun charges, can I file for sole custody and get a restraining order? Comment: Thank you so much for your generous advise. What should I expect at the trial in ten days and should I seek representation for that day? What types of things do I need to prove, when its really all hear say except for his priors...... _View comment thread_ (http://www.avvo.com/legal-answers/my-daughters-father-has-a-history-of-domestic-viol-481706.html?utm_campaign=view&utm_content=c omment_notify&utm_medium=email&utm_source=notification#answer_720395) Or, reply to this email to add an additional comment. Thanks for participating on Avvo, The Avvo Team

Mark M Cheser

Mark M Cheser

Posted

Sorry about that double click. I am a little confused. I thought he was filing for visitation in the future. It seems there is a matter pending. I assume this is for visitation. If not I completely misunderstood your information. You should get an attorney ASAP. You cannot learn the law you need or how to present it in 10 days. If he is threatening you or calling repeatedly at all hours you can get a restraining order but the Judge will not keep visitation away from him. As I said previously making him pay something may back him off. You need an attorney. all of my advise is base on the little information you gave so it could be off base. You need to sit down with someone for at least an hour to figure out what to do. mark cheser In a message dated 6/27/2011 4:43:06 P.M. Eastern Daylight Time, avvomail@avvo.com writes: (http://www.avvo.com/?utm_campaign=hp&utm_content=header&utm_medium=email&utm_source=notification) _Find a Lawyer_ (http://www.avvo.com/find-a-lawyer?utm_campaign=fal&utm_content=header&utm_medium=email&utm_source=notification) | _Find a Doctor_ (http://www.avvo.com/find-a-doctor?utm_campaign=fad&utm_content=header&utm_medium=email&utm_source=notification) | _Avvo.com_ (http://www.avvo.com/?utm_campaign=hp&utm_content=header&utm_medium=email&utm_source=notificati on) Greetings, Someone has commented on your answer to question: My daughters father has a history of domestic violence & gun charges, can I file for sole custody and get a restraining order? Comment: Thank you so much for your generous advise. What should I expect at the trial in ten days and should I seek representation for that day? What types of things do I need to prove, when its really all hear say except for his priors...... _View comment thread_ (http://www.avvo.com/legal-answers/my-daughters-father-has-a-history-of-domestic-viol-481706.html?utm_campaign=view&utm_content=c omment_notify&utm_medium=email&utm_source=notification#answer_720395) Or, reply to this email to add an additional comment. Thanks for participating on Avvo, The Avvo Team

Child custody topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics