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  1. #1
    Join Date
    Apr 2019
    Posts
    11

    Default Child Custody with Domestic Violence

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

    Hello all, this is my first post. looking to hear your thoughts and suggestions.


    So I was arrested for domestic violence 273.5 w/ injury. by the time I was bailed out my wife left the state of California and fled to the state of AZ. There she obtained a protective order restricting me from contacting her or our children. ( she used the emergency protective order that was issued by the police when I was arrested as a reference to obtain the protective order in AZ. )

    My questions are …

    1, does the state of CA have jurisdiction sine the kids have lived in ca all their lives ?

    2, can I order the kids to stat with me in ca or order her not to take the kids back to Arizona and keep them in the state of ca ?

    3, my domestic violence case is currently in 825pc release status. how does that effect my case with child custody ?

    4, my wife and I were living with my mother taking care of her since she is ill. she has a long lasting relationship with the children , can she file for separate visitation rights that wont effect my visitation time ? and my father lives separate, but he has a relationship with the kids as well. how can he see the kids without affecting my time ? , essentially its like 3 against one ,,, how does that work ?


    im sure ill have more questions late, but I think this will do for now. I appreciate this website and what it offers to people like myself.

    thank you all in advance for reading and to those who respond.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Child Custody with Domestic Violence

    Reality check dad. You were arrested for domestic violence and your wife has a restraining order against you in another state, which would normally be hard to get since you aren't located in that state.

    You are beyond the scope of an internet forum. You need an attorney.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Child Custody with Domestic Violence

    Quote Quoting csbattle
    View Post
    So I was arrested for domestic violence 273.5 w/ injury. by the time I was bailed out my wife left the state of California and fled to the state of AZ. There she obtained a protective order restricting me from contacting her or our children. ( she used the emergency protective order that was issued by the police when I was arrested as a reference to obtain the protective order in AZ. )
    As a clarification, the POLICE did not issue the Emergency Protective Order, the COURT did. The police seek the EPO on behalf of the victim and the judge issues it and provides the conditions. This is typically done by phone.

    1, does the state of CA have jurisdiction sine the kids have lived in ca all their lives ?
    That argument could certainly be made. You will have to seek custody through your local court and then the two states' courts can duke it out. However, your arrest for PC 273.5 is likely to play against you big time. However, I seriously doubt that AZ will agree that they have jurisdiction if the mom just got there and filed. But, in a quick search, I cannot find any residency time for child custody claims, so it may well be that quick.

    2, can I order the kids to stat with me in ca or order her not to take the kids back to Arizona and keep them in the state of ca ?
    Did she go to AZ and leave the kids at home??? If she took the kids with her, you cannot FORCE her to do anything ... absent a court order. If the children are still with you, and you have an appropriate court order, yes you can compel the children to remain.

    3, my domestic violence case is currently in 825pc release status. how does that effect my case with child custody ?
    Irrelevant. You bailed out and are pending arraignment. The arrest and pending prosecution will still play against you in any custody argument.

    4, my wife and I were living with my mother taking care of her since she is ill. she has a long lasting relationship with the children , can she file for separate visitation rights that wont effect my visitation time ? and my father lives separate, but he has a relationship with the kids as well. how can he see the kids without affecting my time ? , essentially its like 3 against one ,,, how does that work ?
    No, your mother has no inherent rights to the children. YOU can seek custody and/or visitation, but your mom generally cannot.

    My suggestion: Seek a Family Law AND a Criminal Defense attorney ASAP.

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