QUESTION
Can I visit my sick 3 year old daughter with kidney problems if my wife put a restraining order against me?
Asked on Jun 27th, 2014 on Divorce - California
More details to this question:
My wife just filed for divorce and she put a restraining order against me. It is all lies. Is it possible to go get it modified before the hearing? She has no contact and my 3 year old daughter is sick with kidney problems. I just want to see my kids.
2 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You would need to present papers to the court on an emergency basis to at least be allowed to see your 3 year old and get the judge to order visitation.
Answered on Jun 27th, 2014 at 8:07 PM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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If the restraining order is between your and your wife only and does not involve your children, you can see the children. If the restraining order includes the children, you have to wait until the hearing or get the hearing advanced. If you have NOT been served with the order, verbal notice is not enough, then the order is not perfected and you can see your children.
Answered on Jun 27th, 2014 at 12:47 PM