Can I modify the visitation that the court granted, if the father of my child became violent with me? 5 Answers as of June 07, 2011

On May 10th the court gave me the physical custody of our child, gave both parties joint custody and set up visitation days where the father gets our child three days out of the week for four hours and one of the days (Sunday) I have to provide transportation. During this time we were going to court we agreed to give each other a second chance to see if we could work things out between us so my son and I slept over the fathers house on Saturday May 28th 2011 and when he came back from work on May 29th roughly around 3:45am he went through my phone and became upset at seeing male contacts on my phone book (co-workers) he didn’t see messages or anything to make him so upset he only saw contact numbers but yet he became hostile and used foul language while stating that we were over I simply said are you seriously trying to argue with me because of contacts at 4 in the morning he said yes but using foul language he the advised me to sleep on the floor I replied by saying that he could sleep on the floor because that’s were he belonged he then became more upset and dragged me out of bed, picked me up and threw me on the floor where I landed on my neck and back (it was a high fall) I reacted by getting back up on my feet and I slapped him in self defense but I’m no match for him he picked me up for the second time and slammed me on the floor again where I again landed on my neck first and my back he kind of hurdled over me and shocked me which at this point I was crying and our baby had woken up as soon as he let go of my neck I got up and carried my son telling him it was ok (he is 2 years old with 5 months) I wanted to leave at that time but he took our son from my arms and stated that I wasn’t taking our son anywhere and placed him back in bed. Early morning I would say around 10am I left his house with our son and went to church then after church I went to the police station and placed a police report. Can I go back to the same judge to modify the visitation?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You should seek Domestic Violence Restraining Orders against the father of your child, and in connection with those orders, seek to limit his visitation with your child to professionally monitored visits, at his expense. You would best be represented by an experienced Family Law Attorney.
Answer Applies to: California
Replied: 6/7/2011
Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
Yes, you may go to court and seek a restraining order and a modification of custody.
Answer Applies to: California
Replied: 6/6/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Of course you can move for a Modification. File an Order to Show Cause (OSC), re: Modify Custody, Visitation and Support. This is a significant change in circumstances. You need a free consultation with an experienced Family Law Attorney. Call one in your area. Do it now. The police should have given you an Emergency Protective Order (EPO). File for a Temporary Restraining Order (TRO) in Family Court. It should pretty much be a sure thing with that level of violence. Make it happen. Do not allow yourself to be a victim. Protect your child.
Answer Applies to: California
Replied: 6/3/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
It sounds like you need a temporary restraining order and to modify custody and visitation. Both requests should be filed in the same court that you have used previously. If you are in my area and need an attorney, please contact me for a free consultation.
Answer Applies to: California
Replied: 6/3/2011
Law Office of Jackie Robert Geller
Law Office of Jackie Robert Geller | Jackie Robert Geller
Yes, absolutely. California law says if there is a documented case of domestic violence, the perpetrator can be denied custody. Talk to a family lawyer about obtaining a restraining order.
Answer Applies to: California
Replied: 6/3/2011
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