Domestic Violence

An all too pervasive part of our society is the perpetration of domestic violence against a loved one. It is the objective of California’s Family Courts to prevent any further abuse along with other potential family members. And, the Family Court’s discretion to impose a restraining order along with ancillary orders is much more liberal than in conventional civil restraining orders.

You need not have a pending divorce or paternity matter to obtain a Domestic Violence Restraining Order.

What constitutes abuse under the Family Code is much broader than in the criminal arena and includes;

PROTECTION FROM A BROAD RANGE OF ABUSE

Not only intentional and reckless physical abuse, but also harassment, annoyance and disturbing the peace of a loved one.

Physical Abuse

Placing the Victim in Reasonable Apprehension of Harm

Stalking

Harassing Emails and Telephone Calls

Destruction of Your Property

Abuse against members of the household

Disturbing your peace

Our Firm has vigorously and successfully help hundreds of clients secure protection, peace of mind, and support from hostile loved ones.  We have equally been successful in defending the rights of those wrongfully accused.

EFFECT ON CUSTODY LITIGATION

A potent byproduct of a finding of domestic violence is the presumption in the family code that the a parent found to have perpetrated domestic violence against the other parent cannot  have custody.  As a result of this presumption, along with the fact that the burden of proof in order to establish a restraining order under the Domestic Violence Prevention Act is the lowest of any type of restraining order request, false allegations of abuse are commonplace.  A respondent to false claims of abuse should not defend such allegations without an experienced and knowledgeable attorney.