Should I file a TRO before our child custody case? 6 Answers as of May 16, 2011

My sons father was just served with a TRO for beating his girlfriend. I am afraid he will come after me now since I just served him with custody paper work. I believe he is using drugs again. Should I file a TRO or would it be a waste of time? He's also on Parole. Would these TRO's count against him in any way and send him back to jail?

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Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
Ask the parole officer if the TRO would send him to jail.
Answer Applies to: California
Replied: 5/16/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
You have to wait until he threatens you then you can obtain a TRO.
Answer Applies to: California
Replied: 5/11/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
It is unlikely that the Court would grant a TRO on your behalf under those circumstances, since he didn't threaten you and wasn't violent with you. Hopefully, his girl friend reported his violence towards her to his Parole officer - or if not, you should report his violence towards her to his Parole officer, and that may result in his incarceration. You can try to bring up his violence towards his girl friend at the custody hearing; hopefully, he won't object on the basis of lack of relevance to your case. If he had a history of violence against you, that evidence may be more relevant to demonstrate that he is a habitual batterer. You didn't indicate what crime he had been convicted of - if it was a crime of violence, his conviction records may be relevant and admissible in the child custody case - especially if it was for domestic violence against you.
Answer Applies to: California
Replied: 5/11/2011
Goldberg Jones
Goldberg Jones | Zephyr Hill
If you think it would keep you and your children safe, you should absolutely get a Temporary Restraining Order. If you are not afraid of him, than you should simply use his girlfriends Temporary Restraining Order against him in the custody case you have recently filed. Make sure you have all your evidence ready, filed, and properly served in time before the hearing and the mediation with Family Court Services. (You would need to ask a criminal attorney about the ramifications on his parole. I am not qualified to answer that.)
Answer Applies to: California
Replied: 5/11/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
If you have a reasonable basis to fear for your safety or that of your child, you should file for a temporary restraining order. If you are in my area and are looking for an attorney, please contact me for a free consultation.
Answer Applies to: California
Replied: 5/11/2011
    Law Office of Jackie Robert Geller
    Law Office of Jackie Robert Geller | Jackie Robert Geller
    Most parole provisions require the parolee not violate any laws. Beating up his girlfriend probably qualifies. You can file a TRO if there is a reason for you to fear him. His actions should also disqualify him from getting any custody of your son. If you're in San Diego, feel free to call me.
    Answer Applies to: California
    Replied: 5/10/2011
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