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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99515
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hi Ely Thank you again for all your help! I have an appointment

Resolved Question:

Hi Ely

Thank you again for all your help! I have an appointment next week with a lawyer to discuss my case. I just don't understand why the judge granted me a permanent restraining order, yet increased his visitation time with our daughter...
Submitted: 5 years ago.
Category: Family Law
Expert:  Ely replied 5 years ago.

I could not tell you either. Like I said:

The Court would determine custody based on the 'best interest of the child.' This gives the Court wide latitude to act. If you disagree, you can file a timely motion for new trial or an appeal, but an attorney is recommended in either case.

The Court loathes to keep a parent from a child unless it really has to. While the Judge recognizes that he may pose a danger to you, that does not mean necessarily that he poses a danger to the child. Therefore, the Court would strive to make this work - he'd be restrained from you and the Court would come up with a method of custody transfer that would allow him time with the child and also ensure that the restraining order is in place (with possible exceptions for transfer times).
Ely and 6 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
Hello again Ely

So do you think I even have a chance to lessen the visitation? I'm just so worried he might get mad at her and hit her. Especially she's at that age where she can be difficult to take care of. I expressed my concerns to the judge but all she can say is that I can't always be there to protect her. But my daughter is only 2yrs old...
Expert:  Ely replied 5 years ago.
I doubt it, unless you can show evidence of the father being a danger to the child that you have not yet introduced.

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