What canI do about a restraining order that will interfere with joint custody of my child?

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What canI do about a restraining order that will interfere with joint custody of my child?

My wife and I are currently going through a divorce. She has a restraining order against me that she didn’t know about. It was issued by the DA after an argument we had. We have a 7 year old daughter that we share jointly so I have to be in proximity with her. She refuses to remove the restraining order. What can I do? Should I speak with a criminal defense attorney? In Imperial Beach, CA.

Asked on August 27, 2010 under Criminal Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You will need to get the restraining order lifted.  To remove such an order you will have to go to court.  Until you do you must obey it, regardless of what your custody arrangement is. If you are found in violation of the order it will be condisdered to be a criminal offense carrying with it the potential of jailtime. Additionally, you will put your existing custody order in jeopardy and could lose custody entirely.

Since this is such a sensitive ans serious matter, you should definitely consult will an attorney in your area.


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