Legal Question in Family Law in California

What form do I file

My son-in-law's ex-wife have a 7-yr old son. Her live-in boyfriend punched him in the chest, knocking the wind out of him and causing soft tissue bruising. When the kids came home from their visit and told what happened the police were called. Now, we are trying to get a copy of the police report and the police told us that since the minor is under age 8, they cannot release the report to the father without a judge's consent. We have to file some type of motion and serve the mother is all we know. Can someone please tell us what form we need to file to get this ball rolling? Thank you very much for your help and consideration.


Asked on 6/20/08, 4:29 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: What form do I file

You should file an OSC requesting no visits pending an investigation of the abuse allegation. You could then subpoena the police report or ask the judge to issue an order for its production.

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Answered on 6/28/08, 2:48 am
James Chau Law Offices James Chau

Re: What form do I file

You should file a motion to the court to get a court order for the police report. If you file a restraining order it would be appropriate in that context.

Good luck.

As always contact an attorney in your area if you have additional questions.

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 6/22/08, 6:24 pm


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