Legal Question in Criminal Law in California

Restraining Order Violation

My son's mother commited domestic abuse on me in front of child. She was arrested and convicted on a misdemeanor charge. She recently served time in jail for failure to complete classes for the domestic. With her charge a restraining order was put into effect until Oct. 2005. In February she violated and the police forwarded to DA for prosecution. They accepted and are charging her and have set an arraingment date in July. She has violated numerous times since and those violations will be forwarded to the DA as well to be added to our case. We currently have a custody hearing scheduled 10 day's after her arraingment (We have joint with primary going to me and I'm requesting sole custody). What are the possible outcomes of the arraingment since it was a misdeamenor charge and will this help me with my custody battle in gaining sole custody.


Asked on 6/17/04, 7:11 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Restraining Order Violation

Her numerous violations of the restraining order indicate two things: FIRST she has no respect for court orders and cannot be relied upon to follow any court order; SECOND she is dangerous and wishes to punish you, and she may attempt to do this by injurying a child. Point out to the court the manner in which she violated the restraining order and how that placed you and the child at risk.

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Answered on 6/19/04, 3:31 am


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