If a restraining order has been issued against you Family Code 3044 creates a presumption that you should not have custody of your children. While it is only a presumption you are already losing ground on your custody battle.
Several mediators and even 730 psychologists look at the restraining order as a starting point in determining custody issues.
Think twice before you agree to a restraining order.
Restraining orders also affect spousal support orders. There is a presumption under Family Code 4325 that a perpetrator of domestic violence should not get spousal support. Did the Ex get you pissed off enough to hit them so they could get a restraining order? If so did they do it so they would not have to pay you spousal support? Think about it before you agree to a restraining order.
Family Code 4320 also states that the court is suppose to look into a history of domestic violence when issuing a final spousal support order. Did agreeing to the restraining order give your Ex the grounds to seek more spousal support from you.
All things you need to consider before you agree to a restraining order.
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