Legal Question in Family Law in California

What are the laws regarding taking a child for over the weekend visit to a home the noncustodial parent is legally not allowed to be at? the noncustodial parent(dad) was arrested on 12/29/22 for a warrant he had from some incident with his live-in girlfriend for a felony for false imprisonment and a charge for battery on her. She was granted a restraining order on 12/28/22 which states he is to have no contact with her, and he was required to move out of their residence immediately. However, on New Year's Eve he took our daughter there and stayed the night and is in fact still living there. He has that DV restraining order and an upcoming court date for the false imprisonment charge and battery charge. What can I do to make sure our child is safe and does not have to go for a vi8sit there this weekend? And if he himself cannot be anywhere near the place and there is domestic violence going on between, he and his girlfriend, what can I do if he ends up bringing my daughter there anyways? This is an issue that i brought to court last year and advi8sed them my child was not safe around them with all the abuse going on but they did not believe e then so nothing was done and now i have even more proof of it all.


Asked on 1/05/23, 8:52 am

1 Answer from Attorneys

Under the law you do not have any rights to enforce the restraining order. Legally that is none of your business. If your child is not safe during the father's custodial time, THAT is your business. The DV restraining order and arrest are certainly evidence that he should have his visitation revoked, or changed to supervised, but you can't just invoke the restraining order to make that happen. You have to go back to Family Court on an emergency request to modify the custody orders that are in place now based on new evidence.

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Answered on 1/07/23, 1:36 pm


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