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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37639
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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Just got a domestic violence put in order today year

Customer Question

just got a domestic violence put in order today for a year against my daughters father who I share full physical custody and joint legal and now wanting to remodify custody order to less time
Submitted: 2 years ago.
Category: Family Law
Expert:  LawTalk replied 2 years ago.
Good evening,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.
1. What is your question?
Customer: replied 2 years ago.
How good are my chances at getting the visits lessen? And how do i go about it without having the dollars to hire lawyer?
Expert:  LawTalk replied 2 years ago.
Good morning,
You wrote: "How good are my chances at getting the visits lessen? And how do i go about it without having the dollars to hire lawyer?"
A judge is unlikely to decrease the frequency of visitation between the father and your daughter just because you took out a restraining order against him for something that he did to "you". If you wanted to modify visitation you would have wanted, and needed, to get a restraining order for your daughter as well. If there is a legitimate reason to believe he will harm her, you can ask the court to order that he have only supervised visitation with her---and that is expensive, he has to pay for it and it would likely lessen the visitation time he used.
You would need to file a Motion for Modification of Custody and ask the court for what you want.
You would be better off having a local family law attorney do this for you---but if you have more time than money, you can try and do it yourself. Virtually every county has a law library. Ask the law librarian to show you where the books on Pleading and Practice are located. Generally there are many volumes of Pleading and Practice books from which you can pick the proper one for your situation. While the librarian is typically not a lawyer, and cannot practice law, most are quite willing to assist you in locating the chapter in the Pleading and Practice book which you will need.
Once you have found the appropriate pleading, you will note that in addition to the sample pleading which contains all of the necessary structure for your Pleading (Motion to Modify Custody), there may also be suggestions to make your pleading more persuasive. Prepare your pleading in accordance with the suggested format in the book, inserting the facts of your case as you know them to be. Then all you will need to do is to draft the pleading on your computer, print it out and file the original with the court while serving the other party, or their attorney, with a copy.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and your daughter the best in 2015,