Legal Question in Civil Litigation in California

Restraining Orders

I want to file a restraining order against a man who is incarcerated in a Federal institution for ''illegal entry''. He has three kids with my fiance. They are not married, and he is an illegal alien, with no citizenship papers at all. We know that when he is released he will come back to California illegally. We need protection from this man. Does he have any rights to keep us from filing a restraining order against him? Even though he is not allowed to be in the U.S.A. legally are all of his rights to any type of visitation to see his children gone? If so please tell me which statue this would fall under, and what type of restraining order forms to acquire. Also any other information that could help us in filing this order.


Asked on 2/15/01, 10:32 pm

1 Answer from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Restraining Orders

For him to obtain visitation rights, he would need to file a paternity suit in Family Court, and establish that he is the father of your fiance's children. For you to have a restraining order issued against him, you will need to allege violence or threats of violence within the last 30 days of filing for such an order.

Read more
Answered on 4/03/01, 10:27 am


Related Questions & Answers

More General Civil Litigation questions and answers in California