Legal Question in Family Law in California

Family and criminal court... NEED HELP!

I'm in a situation. I was convicted of D.V. and am on formal probation with a peaceful contact order with my victim who is my husband. We have a four year old. I have been in compliance with all my terms. My husband has been drinking and doing drugs and has been verbally and emotionally abusive. Especially using the peaceful contact order over my head. Threatening to put me back in jail. He does these degrading acts in front of our daughter and she freaks out. Finally I had had enough. I left him. I am now staying at a hotel suite. I have my daughter with me and he knows where I am and all is ok for now. I have filed a good cause report with the d.a.'s office and have been told to go to family court and ask for an emergency screening. I'm really nervous about what to do. I'm waiting for an opening in a shelter. I'm not working now and once he finds out I'm doing all this legal action he's gonna be really mad. I know this is what I want. I guess what I'm asking is what should I do as far as support and custody are concerned? He said he'll only give me the car payment which is $475.00 But I need more then that. We Live in San Jose Ca. He makes $3500.00 a month. What about her child care? I'm at a loss. Any advice?


Asked on 5/01/08, 7:04 am

1 Answer from Attorneys
James Chau Law Offices James Chau

Re: Family and criminal court... NEED HELP!

You should file for an emergency screening and ask for temporary orders. If you are low income you can ask for a fee waiver and ask for attorneys fees. If you have additional questions you should contact an attorney.

Good luck.

Law Offices of James Chau

181 Devine St.

San Jose, CA. 95110

http://www.JamesChauLaw.com

http://sanjosefamilylawyer.blogspot.com/

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Answered on 5/07/08, 2:03 am


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