Legal Question in Family Law in California

Domestic Violence / violation

I am taking my son's mother back to court in less than 30 day's for sole custody (currently we have joint, but he lives with me). Approx. 1 1/2 years ago, she was convicted for domestic abuse on me, which occured in front of my son. Two weeks ago she was arrested on two warrants, 1 was for failure to appear on a suspended license charge and 1 was for not completing her classes for the domestic abuse charge. She spent 5 day's in jail for both and was given fines and new classes. She had the warrants for a few months and was driving with my son alone during this time. I currently have a case pending against her for violating her restraining order. My entire case is based on lack of co-parenting and child neglect. Will these recent events help my case?


Asked on 3/29/04, 3:42 pm

3 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Domestic Violence / violation

Without knowing all of the facts in your case it is not possible to determine how these activities will affect your case. You should have an attorney assist you in this case. Then you could discuss the facts in your case with the attorney.

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Answered on 3/29/04, 11:02 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Domestic Violence / violation

In a general sense, all of the events you describe aid you in your quest, especially the domestic violence conviction. There are specific statutes regarding the effect of domestic violence convictions on child custody and visitation issues.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 3/30/04, 10:24 am
Damian Nolan Law Offices of Damian M. Nolan

Re: Domestic Violence / violation

The facts as presented certainly won't hurt your case, but it is by no means a guarantee that you will be successful in securing sole custody.

Marshall your facts and present them as cogintly and succinctly as possible to the court. In order to have a better chance of success, you should retain the services of a competent family law attorney and although there are still no guarantees, you certainly have a better chance of success with an attorney to assist you.

In any event, I wish you every success.

Regards, Damian Nolan.

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Answered on 3/30/04, 3:46 pm


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