Legal Question in Criminal Law in California
parole condition of no contact
I am the mother and I am wondering if this condition can be placed even if I do not request it? My baby�s father was living with me while serving parole. He got drunk one night and I asked him to leave as he broke our agreement to stay sober. He lost control of his temper and flipped my dining table over and was yelling and threw a beer bottle out of the front door�he really scared me and would not settle down. I had our baby in my arms, and then I placed her in the crib so she was not in danger. I tried to get him to leave and he just got to the point where I knew I needed help. I called 911. He ran out the door just as help arrived and took off in his truck. A temporary restraining order was issued and I asked for a temporary 30 day after that until he turned himself in and I dropped it. No new charges were filed by the DA against him of child endangering. He is currently serving 7 month sentence for parole violation.Anyway, I never thought that he would be unable to have contact and I am sure he will demand that he is allowed and will try to see the baby no matter what. This puts me in a position of either calling the PO when he does to avoid trouble for myself, or hiding the fact and risking trouble later.Pls advise
1 Answer from Attorneys
Re: parole condition of no contact
Your first duty should be to protect your child. He is an adult and is responsible for his own conduct. The child is innocent. If you fail to protect your child be keeping him away you face the possibility of having the child taken from you by CPS. To protect your child you must request a restraining order, and if he requests visitation, that it be supervised. Do not take the matter lightly. CPS and the court will not.
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