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California Domestic Violence And Protective Orders In The Family Law Context

Domestic violence causes lasting harm and tears apart marriages and families. At Maggio Law, our team believes that domestic violence must be dealt with promptly and decisively to protect all affected family members.

If you have experienced abuse or threats, or you are concerned about your own safety or your children, do not wait to get help. Call us immediately at 949-227-3001 for assistance. Our legal team can help with restraining orders and other legal support you need to escape from an abusive relationship or dangerous situation.

We also represent men or women accused of family violence amid divorce and custody proceedings. We know that these allegations can influence parental rights.

How Does California Define Domestic Violence?

California law defines domestic violence as someone related to you by blood or marriage physically harming you, sexually harming you, threatening you, stalking you, vandalizing your property, emotionally harming you – such as by socially isolating you or depriving you of your needs – or disturbing your peace in similar ways.

Protection From Marital And Family Abuse

Domestic violence takes many forms. You may need a temporary restraining order (TRO) if you or your children have been subjected to:

  • Physical assault
  • Sexual abuse
  • Verbal or emotional abuse
  • Coercion and controlling behaviors
  • Stalking or unreasonable harassment
  • Child abuse
  • Harm to your pets or damage to your property
  • Threats of violence or retaliation

We direct victims and perpetrators alike to appropriate counseling resources and, above all, help protect the legal rights and human rights of each of our clients. A strong, aggressive advocate is a crucial ally for individuals involved in domestic violence cases.

Domestic Violence And Family Court Proceedings

It is extremely important for you to understand that domestic violence has a direct impact on child custody disputes. In fact, California Family Code Section 3044 states that: “Upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence against the other party seeking custody of the child or against the child or the child’s siblings within the previous five years, there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence is detrimental to the best interest of the child.”

The courts will grant temporary restraining orders when the police are called to a domestic violence situation or upon request of a victim. There will be a hearing on whether to extend the TRO as a permanent restraining order. A permanent order could prevent a parent from having any contact with their kids or restrict that parent to only supervised visitation.

In other words, if you are facing a divorce and have been accused of domestic violence, it is vitally important that you do everything possible to prevent a conviction if you wish to retain custody or visitation rights with your children.

The Benefits Of Hiring A Family Law Attorney To Assist With A Domestic Violence Charge

As your lawyer, we can advocate for you throughout your case, shielding you from your attacker throughout the process, present you with the options you have available in your case, develop a personalized strategy to help you hold abusive domestic partners accountable, and provide you with reassurance and guidance throughout your domestic abuse claim. We want to help make your case as quick and painless as possible, and we have the experience to do it.

Call Us To Protect Your Safety And Your Rights

Maggio Law represents anyone who has been victimized by or accused of domestic violence in marriage, domestic partnerships, dating relationships and same-sex partnerships. Based in Irvine, we handle cases throughout Orange County and beyond. To arrange a confidential consultation, call 949-227-3001 or use our email form.