Legal Question in Family Law in California

Domestic violence includes individuals in your position. You should consult with an attorney regarding the facts in your circumstance to determine the availability of a domestic violence restraining order. A domestic violence restraining order will give you custody of your child and require him to stay away from you. Also in cases of domestic violence cases there are limits on the granting of custody and visitation to the restrained party. If you cannot afford an attorney there are organizations that will provide support at no charge. The police department should be able to provide this information.

There is absolutely no difference between married and never married couples when it comes to domestic violence and child custody and support rights. If there is ongoing abuse or threats of abuse, you should take the child and leave immedately. Go to the police and have them refer you to a domestic violence shelter. Do not go anywhere he would know to find you until you have a domestic violence restraining order at the very least. In cases of domestic violence the victim parent has a right to restraining orders against the violent parent. The orders will also grant temporary custody to the victim parent, as well as order support payments from the abuser (if properly requested in the application for the orders). Then the matter will go to an additional hearing on whether the restraining orders should be made permenant. If permenant (well five years anyway) they will include protections for the child. If it is found that there is not a need for further restraint, then you would be referred into the same court process as divorced parents for setting up custody and child support. At that time, however, the prior domestic violence would still follow the abuser in the form of a presumption that he is unfit for custody. He would then have to prove it to the court if he thinks he should have any custody or visitation.