Legal Question in Family Law in California

Mother alleges assault & disputes county of jurisdiction to prevent my visitatio

Please provide me with any information that is specific to my situation. I'm in the middle of a custody and visitation dispute, have been accused of assaulting the mother and my son and a restraining order was granted by the court in a different county (Northern,CA) than the county(Southern,CA)where I originally filed for custody and visitation. The restraining order

was issued even though there was a police report which refuted the allegations based on a video tape of the incident. Videotaped evidence was excluded. The Northern,CA Judge is challenging venue on behalf of the mother and has made several visitation orders conflicting with the original orders made by the Southern,CA court, effectively limiting my ability to have a relationship with my son. I'm trying to pursue this matter on my own with very little knowledge of how to properly proceed. What course of action can I take to have the restraining order removed or challenged and have my evidence reviewed by the court? Which court has jurisdiction? I filed for custody/visitation in my county first.


Asked on 11/29/99, 9:02 am

2 Answers from Attorneys
Michael Gray Barber & Gray, LLP

Re: Mother alleges assault & disputes county of jurisdiction to prevent my visit

Obviously you need to hire an attorney if you can't get one for free (from legal aid, etc.). You would not attempt to do open heart surgery on yourself, and this case is too complicated to handle without professional help.

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Answered on 12/01/99, 11:35 am
Matthew Kremer Law Offices of Matthew M. Kremer

Re: Mother alleges assault & disputes county of jurisdiction to prevent my visit

This is an issue of venue. Even though you filed first, if the child is living in another county, it is likely that venue would be in that county. You should concentrate your efforts on litigating visitation issues in the N. CA county, not on trying to move venue south.

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Answered on 12/02/99, 8:08 pm


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