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    SDHEAT21's Avatar
    SDHEAT21 Posts: 3, Reputation: 1
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    #1

    Aug 4, 2012, 08:18 AM
    Asking for an extension on a restraining order in California
    Iam 27years old male, myself and my wife are in a child custody dispute. We both have domestic violence restraning orders on each other, hers is for 4 years mine is for 1 year. We see the judge for custody in a month, she has made threats that she will gain custody on the grounds of default because her order will be expired. According to California law the parent with the restraning order gets full custody. I refiled for an extension, she has made child exchanges very hard with acts of retalition using the kids and swearing at me. What hardship will I have to prove to get this extension? If anyone has been in this situation please help thank you
    jenniepepsi's Avatar
    jenniepepsi Posts: 4,042, Reputation: 533
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    #2

    Aug 4, 2012, 01:28 PM
    Can you explain further as far as why you both have restraining orders? I would assume you have been violent with each other. Can you elaborate?

    Has there ever been any violence towards the children from either party?
    SDHEAT21's Avatar
    SDHEAT21 Posts: 3, Reputation: 1
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    #3

    Aug 4, 2012, 01:50 PM
    Quote Originally Posted by jenniepepsi View Post
    Can you explain further as far as why you both have restraining orders? I would assume you have been violent with each other. Can you elaborate?

    Has there ever been any violence towards the children from either party?
    There has never been abuse to the children.. There has never been huge fights,were I would have to restrain my wife. She would bite hit kick.. Our restraning,orders are based on those confrontations.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Aug 4, 2012, 02:46 PM
    Quote Originally Posted by SDHEAT21 View Post
    ... There has never been huge fights,were I would have to restrain my wife. ...
    Are you saying that, in these fights, you were just "restraining" her?

    Aaron Burr had to shoot Alexander Hamilton in order to "restrain" him, right?

    Quote Originally Posted by SDHEAT21 View Post
    ... According to California law the parent with the restraning order gets full custody. ...
    Oh really? So the court which issues restraining orders trumps the court which would rule on custody? I believe you are mistaken.
    SDHEAT21's Avatar
    SDHEAT21 Posts: 3, Reputation: 1
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    #5

    Aug 4, 2012, 06:38 PM
    Well According to the court mediator.The parent that has,restraning order in California cannot have custody rights. I also looked up the penal code but its real vague.. Im not sure if it applies to me becauss mine is,expering on her...
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