In California, if you are a victim of domestic violence and seeking a restraining order, you can request child support as part of your request. When filing for a domestic violence restraining order, you can use the forms provided by the California courts, specifically the “Request for Domestic Violence Restraining Order” (Form DV-100) and the “Child Custody and Visitation (Parenting Time) Application Attachment” (Form DV-105).
Here are the steps you can follow:
- Complete the Forms:
- Complete the forms necessary to request a Domestic Violence Restraining Order, which will include Form DV-100.
- Fill out Form DV-105 to address child custody and visitation issues.
- Specify Child Support in the Forms:
- In the DV-100 form, you can include a request for child support by providing information about your children and their needs.
- The DV-105 form includes sections where you can specify your requests for child custody and visitation, and you can also address child support in these sections.
- Submit the Forms to the Court:
- File the completed forms with the clerk at your local courthouse.
- Attend the Court Hearing:
- Attend the scheduled court hearing for the restraining order. During the hearing, you can present your case and explain why you believe child support should be ordered. Be prepared to show evidence of your income, if any.
- Enforce the Order:
- If the court grants the restraining order and includes provisions for child support, ensure that you understand the terms and know how to enforce them. If the other party violates the order, you can take legal action.
It’s important to note that seeking legal advice from an attorney can provide you with personalized guidance based on your specific situation. At Acevedo Family Law, APC, we can help you navigate the process and ensure that your request for child support is appropriately addressed in the domestic violence restraining order.