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  1. #1
    Join Date
    Jun 2011
    Posts
    15

    Default Domestic Violence Restraining Order Not Yet Served - Do I Have Custody

    My question involves a child custody case from the State of: CA

    I filed a domestic violence restraining order against my ex (who is also currently charged by the DA with Domestic Battery under 243-E-1).
    The court gave me full custody of the children pending the hearing. The sheriff dept has the order to serve it, but have not yet served it.

    My question is, is the restraining order in effect, even though it has not been served?
    Today would be the day the children would go back to the other parent under the old joint-custody order. I don't want to be in violation of anything if I keep the children and the RO has not yet been served.

    Thanks

  2. #2
    Join Date
    Sep 2009
    Location
    Minneapolis/St. Paul area
    Posts
    497

    Default Re: Domestic Violence Restraining Order Not Yet Served - Do I Have Custody

    Did the order giving you full custody of the children also suspend your ex's visitations?

  3. #3
    Join Date
    Jun 2011
    Posts
    15

    Default Re: Domestic Violence Restraining Order Not Yet Served - Do I Have Custody

    Quote Quoting NdK1009
    View Post
    Did the order giving you full custody of the children also suspend your ex's visitations?
    Yes, it says no visitation until hearing, full physical/legal custody to me.

  4. #4
    Join Date
    Sep 2009
    Location
    Minneapolis/St. Paul area
    Posts
    497

    Default Re: Domestic Violence Restraining Order Not Yet Served - Do I Have Custody

    Then perhaps you could contact the sheriff's office and request that your ex be served when he attempts to pick up your children.

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