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I live in California and my husband got arrested and charged…

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I live in California and...
I live in California and my husband got arrested for DV and charged felony.
If he gets sentence for misdemeanor, how much custody will he get?
Submitted: 2 years ago.Category: Criminal Law
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Answered in 13 minutes by:
2/20/2016
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,936
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hello,

Typically a misdemeanor in California would have a maximum possible penalty of 6 months in jail. Some, however, would have a maximum of a year. These would be aggravated misdemeanors. Domestic batteries would have a maximum of a year of jail time.

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Customer reply replied 2 years ago
I would like to know about the custody of our child. Will he get any custody or sleep over if he asks?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years ago

I misunderstood and thought you were interested in knowing how much time your husband could spend in custody.

Are you looking to get full custody or are you concerned that your husband shouldn't be alone with your child?

Basically, the criminal court will give you a protective order which will prevent your husband from any contact with you or with your child. He would have to go to family court to try to get an order which will allow some way for him to see the child while the protective order is in effect.

It's not possible to know exactly what the court will do. He will take the facts of the criminal case into consideration, along with what he feels is in the best interest of the child. But if you wanted full custody or you only wanted to allow him supervised visitations, you'd have a good chance of getting it.

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