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Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 27049
Experience:  18 years of litigation experience.
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I live in California and my husband got arrested and charged

Customer Question

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: 1 year ago.
Category: Family Law
Expert:  Zoey, JD replied 1 year ago.


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.

Customer: replied 1 year ago.
I would like to know about the custody of our child. Will he get any custody or sleep over if he asks?
Expert:  Zoey, JD replied 1 year 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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