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Will a permanent restraining order be granted in CA if there was no threat of violence but there was a threat to keep my child?

Richmond, CA |

I allegedly threatened to keep my child until court via text message, there was no threat of violence. A police officer told me that it was legal to take this action. A temp order was granted protecting an ex along with her parents. Will I ever be able to see my child again? Currently ex has kept child from me for over a month. Temp order was filed the day after I filed response to request for court asking for full custody. This was 3 weeks after alleged threat occured. No police report was ever filed. Child was kept from me for 3 weeks before judge granted temp order stating no visitation until hearing. If you need any other info please ask. Thank you in advance!

Attorney Answers 1


Our office has maintained a family law practice in Alameda County and Contra Costa County for the past 31 years. I have represented several thousand of individuals in family law matters.

I do not see any basis for a permanent restraining order to issue in your situation. The court certainly will order that neither one of you can change the residence of the child from the present county without written agreement or further court order. You need to make certain a Motion is on the table in regard to the court making a decision of child custody/visitation and develop an appropriate parenting plan. The Motion has to be filed and you have to set up an appointment with the County Mediation Services and meet with a therapist who will make a recommendation to the judge if you two cannot reach an agreement. It's all very procedural, and if you do not jump through the hoops, nothing will happen and you will have no visitation.

If our office can be of any legal assistance, please do not hesitate to contact our office at (510) 797-7990.


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