Legal Question in Family Law in California

My wife has been awarded a restraining order against me, the judge never heard my side of the story because my attorney while in court said it would be best if I did not testify (it's me belief he did not believe the events as I described them). He asked my wife one question and rested. In this situation the only thing physical was when she hit me with the car. Now because of the restraining order I have not been able to communicate or see my daughter for 7 months, she has also gained full custody. What can I do to have the restraining order removed or least have the issue reheard. Up until this event we were separated for over 2 years in which she had our daughter for 1 week and I had her for a week, with no problems. My attorney is completely incompetent, but I have given him a 5k retainer and I'm now unemployed and can not afford another attorney. It's also my understanding that the restraining order could stop me from receiving spousal support.

Thanks


Asked on 5/29/11, 10:23 am

1 Answer from Attorneys

Isi Mataele 'Isi Mataele Attorney at Law

You could file for a modification of visitation/custody. Also you could sue your attorney if they were really incompetent.

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Answered on 6/03/11, 12:24 am


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