My wife had been cheating on me and screamed in my ear as our three year old son sat on my lap while I fed him. I tossed the applesauce cup at her not hard, she struck me. Then she called the police and was granted a TRO. I was never charged or convicted yet at the DVRO hearing, she convinced the Judge to grant a permanent order. Now while this request for restraining orders she submitted to the court only asked for her protection, the Judge took it upon himself to add our three year old son. Can he do that??? Can you refer me to any cases that pertain to similar circumstances please.
The issue becomes protecting the child so if there’s evidence you did something that could’ve been a danger to the child then yes the judge can do that. You should hire your own attorney and obviously fight to get your points across good luck.
Los Angeles Criminal Defense Attorney - 21 Years Experience
Yes, the judge can do that. Get yourself some anger management counseling.
San Diego County Criminal Defense. 20+ years experience. Put my experience to work for you!
Judges frequently include children on protective orders when a child was put in harms way by the actions of the person against whom a restrained order is sought. Putting the child in harms way does not mean that the child actually suffered an injury; just that one was possible.
Your wife is the only person who can ask the court to modify the order. But if the DVRO says you can't contact your wife, then you cannot contact her. You must hire a lawyer to contact her, unless she has a lawyer, then you can contact him or her. But, in these situations, I believe it is best for you to have your own lawyer to fight for your rights. If my answer was helpful or the “best answer”, please mark it as such. Thank you.
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