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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3426
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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I have a restraining order on behalf of my children Ages 6

Customer Question

I have a restraining order on behalf of my children Ages 6 and 6, against their Father. In the interim, he has filed for custody. I have not been served as of yet, I happened to see it online the motion he has requested. Tomorrow the order expires and I have to go to court to have it extended. There are 2 previous assault 4 convictions DV's on this man one with an ex and their minor child. And one with me involving strangulation. There is current open criminal investigation for punching, strangling , and emotionally abusing my children by him, with Childrens protective services, and the police department. My question is will a judge extend a restraining order, and will he have any chance at custody or visitation?
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.
Hi - my name is ***** ***** I'll be glad to assist. Yes, a judge can extend the restraining order if he/she believes there is a reasonable basis to continue the order......which is usually decided on whether the threat still exists. As for custody and visitation, the court will not change the current situation unless there is proof that there has been a material change in circumstances that justifies changing the current visitation and custody order......this usually requires proof of a change in something at home, a new spouse, a criminal conviction, child abuse, etc. Absent something like that, a change in custody or visitation isn't likely.
Expert:  Miel-cssm replied 1 year ago.
We received your customer service inquiry, however, we are unable to respond to you because we do not have your email address. Please contact customer support at***@******.*** and provide us with your email address and a link to this question page so that we can help you. (http://www.justanswer.com/family-law/97yt2-restraining-order-behalf-children-ages.html). Thank you, ***** ***** Customer Support Team.
Expert:  Michael J, Esq. replied 1 year ago.
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