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If a judge was unable to grant an injunction against sexual abuse and violence due to lack of evidence would there be a possibility to modify a custody agreement?

Asked by L1952 (206points) October 10th, 2014 from iPhone

I had a hearing yesterday, and due to lack of physical evidence in a sexual abuse case on a minor (4years) they were not able to place an injunction for protection against sexual abuse on a minor but I would like to know if when we go to court on the custody case in a month or so because I am putting in a petition now to modify timesharing for no overnights, Will a judge likely be able to modify the timesharing plan or will it fall under the same “not enough physical evidence”?

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