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How can I protect my child if his mother is around the man she got a restraining order for a year against?

San Diego, CA |

My child's mother and I have not been together since she/he was born. She is with a new man and filed a restraining order against him. She was granted a permanent restraining order. Now she is back with him. What can I do to protect my child. We share custody.

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Attorney answers 3


If you believe your child is in danger, file a motion with the court asking for sole physical custody.

Michael is in San Jose, California and can be reached at 408-295-4232 or at Consultation fees, rates and retainers vary based on need and ability to pay.


You can go to the court and find out if the protective order is still in effect, and if your child was included in the order.
If your child is included, and the order is still in effect, then the boyfriend is violating the order and is subject to being arrested.
If the order is no longer in effect that does not mean that your child is in a safe environment; go to the courthouse and get a copy of your ex's paperwork filed for the restraining order. You can use that statement as a basis for seeking an order that she not have custody so long as the abusive boyfriend is not around. If she continues to allow the boyfriend around then you can seek to further limit her custody rights, as long as you are able to assume those rights as well.


If this is a San Diego case, look up Nancy Stassinopoulos or Cheryl Dailey.

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