January 10, 2013 By Paul Wallin
The simple answer to this question is yes. However, that leads you to the follow up questions of how can the grandparents of my children get a protective order against me and is this even allowed by the courts?
When applying for a domestic violence restraining order, anyone who is related to the person being restrained either through blood or marriage can obtain a restraining order. Further, if the person being restrained has children, and the person requesting the restraining order is related to those children, the court can grant the requesting person protective orders for the children as well.
Under Family Code Section 6323, the court may issue a restraining order that determines temporary custody and visitation of a minor child only if the court determines the following:
1. There is a parent and child relationship between the requesting party and the minor child; and
2. It is in the best interest of the child to be protected from the restrained party, who may be the child’s father or mother.
Therefore, if the grandparents can establish a parent and child relationship with your children, the court can then make a determination that that it is in the best interest of the child to be in the responsibility and care of their grandparents. The court will make this determination if it finds that your children are in immediate and present danger of abuse or domestic violence by you.
Wallin & Klarich understands how difficult it is for a person to lose custody of their children, especially due to an unjustified restraining order. For more information on restraining orders click here. Our experienced and skilled attorneys can help you. We have been practicing family law for over 30 years and have a reliable legal team you can count on. We consider our clients like one of our own family members who deserve prompt and dependable legal representation. Call us today at 1-888-749-7428. Wallin and Klarich has offices in San Diego, San Bernardino, Riverside, Los Angeles and Orange Counties and can help you now. We will be there when you call.

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