Legal Question in Family Law in California

Warrant for Arrest

My child lives with me. We are going to court in three weeks where I am trying to obtain sole legal and joint limited physical.

My childs mother has a restraining order against her for a domestic that she was convicted of 1 1/2 years ago where she attacked me in front of the child. She has violated the order numerous times and the DA in our county is pressing criminal charges against her (all misdemeanours). They have recently issued a warrant for her arrest for criminal contempt.

Our summer schedule is one week with me and one with her until we go to court where I have asked this to be changed. This Friday I am to exchange my child for him to go with her. Will I be looked down upon in court if I do not allow my child to go with her until she settles her warrant. I feel for his safety and would prefer he not be with her while she has a warrant out for her arrest.

Also, with these charges, I have found out she has violated her summary probation in another county for a DUI in 1998. Because she failed to what the court ordered, her probation was extended until 2006. The first rule on her probation is that she cannot violate any law other than minor traffic. Any advise.


Asked on 7/09/04, 1:29 pm

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Warrant for Arrest

This is a situation in which supervised visitation should be ordered. Call me directly at (619) 222-3504.

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Answered on 7/10/04, 11:59 am
Donald Holben Donald R. Holben & Associates, APC

Re: Warrant for Arrest

You've apparently known of these facts for some time. Do not understand why you did not go to court to discuss this with them prior to now. If you have present critical concerns re her behavior with child, you can set up an ex-parte hearing, giving her proper notice of hearing re this. Even if court would not speak with you re this in an ex-parte hearing, you have the papers filed. You appear to have argument for you to receive what you are asking at your presently scheduled, upcoming hearing. Unless immediate grave concerns exist, try to talk to court first before taking action that contradicts prior court order. It remains your judgment, however and then you will have to provide substantive arguments to court why you took this action.

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Answered on 7/09/04, 1:45 pm


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