Legal Question in Family Law in California

I took restraining order against ny husband and I ended up violating. I got pregnant. He physically abused me through out my pregnancy, emotionally, verbally, financially harassed me. I just gave birth and yet he he is still violent. He even yells and screams in front if the baby, snatch her away. He threatens to take off with my daughter.

He has criminal record of 2 felonis and few misdemeanors. He has immigration case going on to..

If I file for divorce, can he get full child custody?


Asked on 11/18/14, 3:59 am

1 Answer from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

The restraining order controls his conduct, not your conduct. You cannot violate the restraining order.

His threats to take the child and leave the area makes him an abduction threat. The felonies and misdemeanors he has been convicted, may have a huge affect on custody and may have little affect on custody. A domestic violence conviction will restrict his contact with the child.

His immigration case makes his future unknown. He may be deported.

More information would be needed to provide a better answer. His criminal record listing the crimes, and information about your back ground. This information must be factored into the possible result of a custody battle.

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Answered on 11/18/14, 12:44 pm


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