Thank you for your follow-up.There is absolutely nothing legally stopping you from moving back. Since you have a restraining order already in place, and there is no custodial order in place here with some sort of a relocation limitation, you can move wherever you wish to get away from your ex. The reason I asked as to how long you've lived in California is to figure out which state would be considered your legal residence--if you have only been out of Nevada for a month, then that is the state that is still legally considered your home. It means that when you get back to Nevada, you can immediately file there for sole custody of the child so as to ensure that your ex cannot obtain access back without first obtaining a court order. Beyond that you might need to return to California for trial if the police press charges against him and pursue trial. beyond that I see no need or reason to keep in contact with him or otherwise be a part of his life. This would ensure your safety and the safety of your child.Hope that helps!
Thank you for your follow-up.One thing that you can possibly pursue before you leave is that you can go to the local courts before you travel back and file for an 'ex parte' emergency sole custody petition. But to be honest I d not see that as a necessity--if he wants to contest and seek custodial rights, he would have to go to Nevada anyway since that is where you and your child legally reside. You cannot stop him from hiring an attorney and pursuing rights later, but ultimately if you want to leave, do so--just leave your information with the police so if they decide to pursue charges, they could find you and ask you to testify.Hope that helps!
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