Legal Question in Family Law in California
I have a friend that is suffering problems with her husband.
She left Washington to move with her kids back to california to work on their marriage.
its been a bumpy road.
Now he has said threats to her Brother. saying if he comes around he will shoot him in the face. she feels that she needs to get out of the situation. he is pushing to take her kids and put a restraining order on her.
she isnt a threat in anyway , she has tried to be very civil and work with him.
he keeps pushing her away from her family , pushes the issue that he wants her home and not working.
Now she has no job but working on getting one. and she is fighting to rebuild the life she gave for him.
Im worried about her
she says the jurisdiction is Washington and she would have to file for custody up there. that she legally cannot do that here in california.
Is this True and what can she do.
She wants to get out as soon as she can and make sure she can provide a better life for herself and her kids.
her and her kids dont need these problems.
2 Answers from Attorneys
I found the facts a little confusing, but I will try to give you some type of answer. If the parties live in California and have done so for 6 consecutive months, then California has jurisdiction. I hope your friend is not being abused. If she is, tell her to take herself and her children to the nearest women's shelter. There are several online, and if one can't help you, they usually can help you find room somewhere.
Ms. Beers is correct. Once she and the kids have been in California for six months, California has jurisdiction. Also, California has immediate jurisdiction over the domestic violence aspects of the matter. His conduct as you describe it, if true and provable, is serious domestic violence for purposes of getting a restraining order. She doesn't have to wait until he hurts her or someone else. The whole point of DV restraining orders is to get the abuser away from the potential victims BEFORE something happens.
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