I have a granted 3 year restraining order in affect. It’s been over a year since it was granted. The father barley enrolled in his batters intervention program that he was order to take. Our three children are also protected under the restraining order. The father is seeking full custody. Under Family code 3044 I know that’s not possible. But as for visitation what could be granted? Our children have not seen him in a very long time.
If dad hasn't completed a batterer's invention course, he has little argument for custody or visitation. If he files a motion seeking visitation time or custody of the children, get an attorney. Most on AVVO offer free consults.
This information is provided for education purposes only. This information should not be construed as formation of an attorney-client relationship. Contact a family law attorney to further discuss the facts of your case.
Seeking and getting an opinion from Counsel is your best option. It seems unlikely that a restrained person would get any type of visitation or custody but we really don't have the facts here in this forum to establish that for certain. Seek advice from an attorney. Good luck.
The answer above is not intended to create, nor does it create an ongoing duty to respond to questions nor does it form an attorney/client relationship. The answer is simply the opinion of the author. It is not legal advice. Answers are based solely on California law unless stated otherwise.
It would start with reunifiucation visitation sessions that are usually short in duration depending on the age of the children and then stepped up if successful over a period of months.
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