Legal Information: California

Custody

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Updated: 
April 4, 2019

Can I get temporary custody as part of my domestic violence restraining order (DVRO) against the other parent?

It depends. If you get restraining order due to domestic violence, the order may include temporary custody of minor children. By law, the judge assumes that it is in the best interest of the child to be in situations where there is no domestic violence.1 The DVRO can also make a temporary visitation schedule for the non-custodial parent. Be sure to tell the judge that you want temporary custody during your restraining order hearing so that the judge can take your request into consideration. Note: Any order for custody, visitation, or support that is made within your DVRO will continue to be effective even when the DVRO ends.2

1 Ann.Cal.Fam.Code § 6323
2 Ann.Cal.Fam.Code § 6340(a)

Next: Am I eligible for an ex parte temporary custody order?
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