Legal Question in Family Law in California
The father of my child, let's call him Bob, had my son who is not even one yet, this past weekend. While he had him, Bob was threatening me with physical harm ("i'm going to hurt you" "i'm going to bash your head in"). Bob also threatened not to return the baby to me at the agreed upon time. When he did this I told him that I would be at his house at the agreed time, and if he wasn't there or didn't give me the baby that I would call the police on him.
About ten minutes later Bob called me and told me that he was dropping the baby off immediately because he "didn't want to go to jail". When I told him that I wasn't home Bob told me that I had better hurry up and get there, or he was going to leave the baby in the front yard. Luckily, my father was home and was able to get the baby.
Today, Bob keeps messaging me. He has said that if I do not respond to him he is going to come to my house.
What I'm wondering is:
A) Should I take out a restraining order? I want to protect myself and my son.
B) IF I do get a restraining order, is it true that a judge will NOT grant him custody/ visitation and will force him to pay the maximum in child support?
We live in Los Angeles, CA.
Any help would be greatly appreciated.
1 Answer from Attorneys
First, I suggest that you find and retain an attorney to help you with this. Second, it does sound like you may need a restraining order, but at the very least, you are going to need an order granting you temporary custody, (Ex Parte), meaning within 24 hours. That request, based on this past behavior should indicate that he should have no visitation pending the formal hearing which would be approximately 15 days after your temporary order would be issued.
BARRY BESSER
www.besserlaw.com
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