Legal Question in Family Law in California
My wife and I are going through a divorce. We have 50/50 custody of the kids right now. A year ago my wife was arrested for domestic violence but I dropped the charges. This year she placed a temporary restraining order on me for something that I did not do. I am fighting it in court and bringing in the officer that clearer wrote on the police report that we had a verbal dispute only. Lately, when I see my wife she intimidates me, and when I see her or say something she squares off like she wants to hit me. If she does end up hitting me can I put a restraining order on her, press charges, and what will happen to the 50/50 custody the court ordered. I'm scared for me and my kids.
1 Answer from Attorneys
It sounds like a mutual restraining order would be a good idea for you and your kids. In this hyper-sensitive politically correct world we live in, the law now says that you can be put under a domestic violence TRO for purely verbal conduct. Personally I think the law is unconstitutional, but do you really want to be the test case? There is a presumption that domestic violence makes a person unqualified to be the primary custodian of the children. So you really do need to fight this restraining order if you cannot get an agreement to a mutual non-CLETS restraining order. You should bring in everything you can about the domestic violence arrest last year, as well as proving that you didn't do anything. Then ask the judge for a "mutual non-CLETS restraining order."
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