Legal Question in Family Law in California

If I have a Domestic Violence Restraining Order against me from one relationship- can I be granted physical and legal custody of a 7 year old child from another relationship?


Asked on 6/26/10, 6:40 am

2 Answers from Attorneys

It is possible, but the TRO is a significant factor against you. It raises a formal legal presumption that you are not fit for primary custody of a child. You would have to overcome that presumption.

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Answered on 6/26/10, 10:04 am
Anthony Roach Law Office of Anthony A. Roach

Mr. McCormick is right. There is no legal prohibition against you having visitation or custody, but the other party could use the former TRO in the current case and argue that you have a history of domestic violence.

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Answered on 6/26/10, 1:44 pm


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