Alameda California Child Custody and Visitation Order - Domestic Violence Prevention

State:
California
County:
Alameda
Control #:
CA-DV-140
Format:
PDF
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Description

This is an official California Judicial Council form dealing with domestic violence. It may be used for domestic violence issues in California courts. Enter the information as indicated on the form and file with the court as appropriate.

Alameda California Child Custody and Visitation Order — Domestic Violence Prevention is a legal tool designed to protect children and adult victims of domestic violence in the state of California. This order aims to ensure the safety and well-being of those involved while also addressing the issue of child custody and visitation. In cases where domestic violence is present, the court may issue different types of Child Custody and Visitation Orders — Domestic Violence Prevention. These types include: 1. Emergency Protective Order (EPO): This order can be issued immediately to protect victims of domestic violence and their children from further harm. It provides temporary restrictions on the perpetrator's contact with the victim and the children. 2. Temporary Restraining Order (TO): A TO is a court order that establishes specific rules and restrictions regarding child custody and visitation during the ongoing legal proceedings. It aims to prevent any potential harm to the victim or the children due to domestic violence. 3. Permanent Restraining Order: If the court finds sufficient evidence of domestic violence, it may issue a permanent restraining order. This order includes long-term provisions to protect the victim and the children, including restrictions on the perpetrator's contact, custody, or visitation rights. 4. Supervised Visitation: In some cases, the court may order supervised visitation to ensure the safety of the children. Under this arrangement, a neutral third-party supervisor monitors and oversees the interactions between the non-custodial parent and the children. 5. No-Contact Order: In situations where the perpetrator poses a significant threat to the victim or the children, the court may issue a no-contact order. This strictly prohibits any communication or physical contact between the parties involved. It is important to note that the specific terms and conditions of these orders may vary depending on the unique circumstances of each case. The court takes into consideration factors like the severity of the domestic violence, prior history, and the best interests of the children when making decisions regarding child custody and visitation. If you find yourself in a situation involving domestic violence and child custody in Alameda, California, it is crucial to seek legal advice from a lawyer with experience in family law and domestic violence. They can guide you through the process and help you understand your rights and options under the Alameda California Child Custody and Visitation Order — Domestic Violence Prevention.

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FAQ

Have someone ?serve? (give) the restrained person a copy of the order and other papers you filed. The papers must be delivered in person. You cannot send them by mail. Make sure this is done before your deadline.

Anyone seeking such an order must be prepared to present some physical evidence in addition to their own written statements and testimony in court. Evidence such as photographs, text messages, police reports or medical records. The court will not entertain a simple exchange of allegations.

There are two family law court locations in Alameda County. All divorce documents must be filed at the Hayward Hall of Justice located at 24405 Amador Street, Hayward, CA 94544. Cases requesting the issuance of a protective order (domestic violence) may also be filed at the Rene C. Davidson Courthouse.

4. If you want to tell your side of the story, file a response BEFORE your court date. You can fill out and file a Response to Request for Civil Harassment Restraining Orders (Form CH-120. ) where you tell the judge your side of the story about what happened. Even if you do not file a Response, GO TO YOUR HEARING!

Anyone seeking such an order must be prepared to present some physical evidence in addition to their own written statements and testimony in court. Evidence such as photographs, text messages, police reports or medical records. The court will not entertain a simple exchange of allegations.

If the judge believes you need protection, he or she will give you a temporary restraining order. Temporary restraining orders usually last about 20 to 25 days, until the court hearing date. When you go to court for the hearing that was scheduled for your TRO, the judge may issue a ?permanent? restraining order.

A person can ask for a civil harassment restraining order if: the person is being harassed, stalked, abused, or threatened by someone else, and. the person is not in a close relationship with the restrained party (as with domestic violence restraining orders).

Generally, you must pay a $395.00 fee to file the Request. If the harassment has included violence or threats of violence, however, there is no filing fee pursuant to California Code of Civil Procedure section 527.6(p).

You can file papers in court asking the judge to find the restrained person in ?contempt of court? for violating the restraining orders. The restrained person could be punished with 5 days in jail for each violation of the restraining order.

If the restrained person wasn't served, fill out a Request to Continue Court Hearing and Reissue Temporary Restraining Order (Form DV-115 ) and a Notice of New Hearing and Order on Reissuance (Form DV-116 ) to ask the judge for a new hearing date. Do this before or at your hearing.

More info

Stage 1: File Petition for Protection from Domestic Violence . Family Violence Law Center (located at the Alameda County Family Justice Center).470 27th Street, Oakland, CA 94612. Stage 1: File Petition for Protection from Domestic Violence . ALICE VILARDI is a judge in the Alameda County Superior Court. Getting a restraining order is often a difficult and emotionally-charged decision for a victim of abuse. Getting a restraining order is often a difficult and emotionally-charged decision for a victim of abuse. Temporary Emergency. Alameda County, California Resources for women, domestic violence, legal rights, women shelters, family law, medical assistance, emergency help. One of the spouses may request for certain temporary orders.

If the temporary restraining order is granted, which is a temporary measure, a hearing is usually needed. Alameda County Family Justice Center, located at 27th Street in Oakland, California 94612 Phone:, Fax: or. One of the spouses may request for certain temporary orders. If the temporary restraining order is granted, which is a temporary measure, a hearing is usually needed. Legal Services Bureau. Provides legal aid to low-income persons, including those who seek to prevent, protect, or redress domestic violence. Provides legal aid to low-income persons, including those who seek to prevent, protect, or redress domestic violence. Oakland Family Violence Center. Provides counseling, education and counseling services. Provides counseling, education and counseling services.

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Alameda California Child Custody and Visitation Order - Domestic Violence Prevention