Legal Question in Family Law in California

Re: Modification of Restraining Order

The court that made the order can modify the terms of the restraining order to allow visitation. However, the mother would have to agree or you would have to obtain a court order allowing visitation. You need the advice of an attorney to improve your chances of being successful.

Re: Modification of Restraining Order

Yes, however, without facts, cannot answer based on your circumstances.

Re: Modification of Restraining Order

There is no easy answer to your question. Generally speaking, yes you can get a modification. However, the real answer would be based upon the evidence that was presented at the restraining order hearing.

For example, a judge would probably not allow you visitation if there was credible evidence at the hearing that you beat/molested your child.

You should call Eric Bradford to discuss this issue in greater detail. Ask for his assistant Anna. Call 1-888-292-8888

Re: Modification of Restraining Order

Was the child included in the restraining order and if so, why? The amount of facts presented do not allow for a well informed opinion. Another relevant question is did you attend the court hearing at which the order was issued? Usually, the court will allow for peaceful contact with the child if there is no reason not to do so. This is done so that one party can not use the Restraining Order process as a vehicle for gaining custody of a child.

To answer your question, a Restraining Order can be modified, depending, of course, upon all the circumstances. If you are to be successful you really should contact an attorney. Regards, Damian Nolan

Reply: Modification of Restraining Order

Restraining orders can be modified and they usually exclude peaceful contacts regarding the minor children of the parties.

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