Legal Question in Family Law in California

Domestic Violence and Custody

My husband (separated 22

months, filed for divorce)

threatened to kill me in front of

our son (verbally) and was

arrested. The next day a TRO

was issued, with no visitation

until the hearing (in 2 weeks).

We have temporary orders in

place where our son (4) spends

about 30% of his time with his

father since last summer,

previous to that it was about

10-15%. I have 100% physical

and we share the legal. Also, I

am wanting to move forward

with finalizing the divorce, but

my ex keeps changing his mind

once we get close to signing.

Now with his latest behavior

(something he's been

struggling with for years), I'm

really wanting now to minimize

our son's visitation until his

father can get some help.

How likely will the judge

change custody when we go to

hearing on this? I'm wanting

at least a year restraining order

for me, for my ex, limited

visitation of our son with the

possibility of increasing it over

time.


Asked on 3/19/09, 8:41 am

1 Answer from Attorneys
Colin Greene Russakow, Greene & Tan, LLP

Re: Domestic Violence and Custody

With the domestic violence established, there is a legal presumption in your favor that the custody should be changed to your sole custody. Depending upon the specifics and the judge's view of it, it sounds to me appropriate that his visitation be supervised and he be forced into anger management counseling or other counseling/therapy. The issue of the "divorce" or termination the marital status is independent and can be done at any time irrespective of unsettled child issues and others. If the property issues are ready for resolution, I would just get the case set for trial and move this thing to conclusion.

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Answered on 3/19/09, 10:57 am


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