Legal Question in Family Law in California
I am looking for 50 50 custody of my son whom I had with My ex (not wife) she cheated on me then tried to throw me out of very house i was paying for. I got mad and pushed her not too hard but enough that she filed it as domestic violence. She didn't press charges, but has some cuckoo 5 year restraining order with limited visitation and I didn't do anything to demote my charachter to an angry abusive person. She has been using the restraining order except under peaceful circumstances to deny me visistation. What can I Do? What are the Steps?
2 Answers from Attorneys
You need to consult an attorney if you are going to make any headway at all, but I couldn't even promise you anything would change. It is too hard to tell you what to do, since I am not completely sure what type of restraining order was issued - criminal or civil dv? I don't know if limited visitation means it is supervised, or just not as much as you would like. This is not something you are going to be able to do on your own. You cannot afford to show any kind of emotion in court, and I don't know too many people who can do it under the circumstances you describe. Imagine how stressful it would be if you went in there under all this emotion and then being pushed and goaded by her and her attorney while trying to represent yourself. If you try to do this yourself, you could make things worse.
A restraining order for pushing the mother of your child is not cuckoo. It is the law. Pushing a person you live with or have a child with (in this case both) is domestic violence. You demoted your own character to being an angry abusive person when you pushed her. There is no excuse for ANY physical violence in a domestic relationship. That is why the law requires the court to presume that you are not suitable for any custody of your child. If you gave a damn about your character and your child, you would working to fix what's wrong in your head that makes you think what you did is alright, do your five years under restraint, and then try to show the court that you have changed and should GRADUALLY be allowed time with your child.