I have primary physical custody of my 3yr old daughter, the mother and I share legal custody. There is a criminal protective order in effect, that limits the mother from having contact with me for I was the victim of her violent attacks. Mother is allowed visitation with our daughter every 1st and 3rd weekend and is allowed to pick up our daughter on Tues. & Thurs. from preschool at 1pm and must bring her back no later than 5:30pm. Recently mother went to the school irate and very argumentative she became very loud and rude with the school staff, to the point the school had to call the police to get her to leave. Because of mother's behavior the school has kicked my daughter out of the school. My ? is, can I get a restraining order preventing her from coming or contacting the school.
It appears you have either a dissolution or paternity case with the mother, or that you did have a case at one point (and it's finished now). You say you want a "restraining order" which infers you want to file a separate petition for a Domestic Violence Restraining Order against the mother in this case. That would not be the advisable route to go. If you have a current case pending (i.e. no final judgment yet), I would file a Request for Order ("RFO") to modify custody and visitation and request that the judge "modify" the current orders to restrain mother from going to the school or contacting the school. If there is already a final judgement which has established the current custody and visitation orders, I would file a post-judgment RFO to modify custody/visitation and make the same request.
If you could get a evidence regarding what the mother did at the school (i.e. a pre-school staff member filing a declaration or testifying), that would be helpful. Also, attach to your RFO the police report and any documentation about your daughter being "kicked out" of preschool b/c of mom's conduct.
Hope this helps!
Aaron J. Leetch is accepting clients from Avvo at a reduced rate of $165/hr. Mr. Leetch is licensed to practice law in the state of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author.
I think you may have a case for modification of custody and visitation, but whether it would rise to the level of meeting the requirements of Family Code 3064 for an ex parte motion is questionable. I don't see a strong basis for a restraining order for your daughter (I see nothing about the daughter being present when she was misbehaving), although I understand that she cannot just show up and cause your daughter to be kicked out of child care. I offer free initial consultations, as do others on this site, who can discuss your case in more detail, and allow someone to review your paperwork.
Since legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent legal counsel.
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