Legal Question in Family Law in California
Venue
2. There is a history of Domestic violence with my Ex-Husband. He was charged two years ago for assualt after he move to San Diego and I remained in San Francisco there is nine hours distance between us. He now wants vistitng rights can he get them. I was awarded Sole legal and Physical custody and he now has no visitation at this time. He just file a an Order to get visitation can he get it? I hasn't been a active part of her life ever.
Facts that make your case particularly difficult: My Ex-husband was charged with domestic violence charges back in 2001. His atty was able to get him only two years probation which expired on april 5th 2003. Ifact he was arrested last year for a DUI hire an atty on was able to get reduced to wet and wreakless and on a three year probation for these charges.
1 Answer from Attorneys
Re: Venue
It will be up to a judge whether to allow visitation or not. Only in a rare case is there no visitation allowed. You should ask the judge for (1) no visitation since he has not been part of the child's life; (2) if visitation is granted, that it be suprevised by a court approved supervisor; and (3) that he pay the cost of the supervisor, and that the visitation only occur in your city.