Legal Question in Family Law in California

restraining order

can my ex-boyfriend put a restraining order on my current boyfriend to say away from his 5 yr old daughter that we have if there is no abuse or neglect to her by him? She saw us fighting one day and told her dad and that is why he wants the order to take effect. me and my current boyfriend have a 4 month old together. Is any of this possible?


Asked on 10/25/08, 2:13 pm

2 Answers from Attorneys
James Chau Law Offices James Chau

Re: restraining order

Anybody can file a restraining order against anybody. Whether they can win it is another issue, that will have to be decided by the court hearing. A family law facilitator can help you with self help, a restraining order is a serious matter however.

Good luck.

As always please consult a qualified attorney before taking legal steps.

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 10/26/08, 3:24 am
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: restraining order

Fighting in the presence of your children is considered abuse. If it was an isolated event with no real violence, then the court will likely not issue an order. If it's an ongoing problem, then you should consider protecting your child so the court doesn't have to make any orders.

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Answered on 11/03/08, 5:00 pm


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