Legal Question in Family Law in New York

Restraining orders and custody

Can a restraining order be obtained if no domestic violence or abuse is a present threat? Also can sole custody be obtained if husband is a class 1 sex offender?


Asked on 7/19/08, 8:35 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Restraining orders and custody

Q. Can a restraining order be obtained if no domestic violence or abuse is a present threat?

A. No.

Q. Also can sole custody be obtained if husband is a class 1 sex offender?

A. Custody is determined on the best interests of the child. Although there are many factors to consider when deciding custody, a conviction as a sex offender would seriously be taken into account by the Court.

Mike.

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Answered on 7/21/08, 8:22 am


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