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Domestic Violence

Domestic Violence

The Maggio Law Firm believes that domestic violence must be dealt with promptly and decisively to protect all affected family members. Contact us immediately so that we may assist you with your situation. Do not wait to get help.

Call us to schedule a free consultation regarding any of the following issues:

  • TROs (temporary restraining orders)
  • Physical abuse
  • Stalking
  • Unreasonable harassment
  • Verbal abuse
  • Emotional abuse
  • Coercion
  • Sexual abuse
  • Related child custody matters

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.”

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 Maggio Law Firm represents men and women who have been victimized by or who have been accused of domestic violence in marriage, domestic partnerships, dating relationships and same-sex partnerships.

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.

Spousal Support (Alimony)

Spousal support may be granted to a husband or wife who has devoted years as a stay-at-home parent or where there is a significant disparity of income. When a marital separation first occurs, temporary spousal support may be required to help the dependent spouse through the transition from dependant spouse to self-supporting single parent. The longer a marriage has lasted, the better the chance that permanent spousal support will be established by the court.

Factors that the courts consider when determining spousal support typically include the following:

  • The standard of living that the dependent spouse was accustomed to during the marriage
  • Reimbursement of support that the dependent spouse provided the wage-earning spouse during medical school, business school or another educational program
  • The educational level of the dependent spouse
  • The health of the dependent spouse
  • The ages of husband and wife

In many cases, a family law court will sanction spousal support to allow the dependent spouse to go back to school and obtain job training for a new career with the goal of ultimate self-sufficiency.

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Accessible and understanding family law attorneys

We are a firm of experienced and capable legal professionals decided and committed to providing exceptional legal representation by being accessible, personable, offering a clear and understandable legal road map to our client’s legal issues, and offering the highest value for our clients’ money. We strive to offer a personal approach in representing our clients and providing legal services that exceeds expectations.

Accessible and understanding family law attorneys

We are a firm of experienced and capable legal professionals decided and committed to providing exceptional legal representation by being accessible, personable, offering a clear and understandable legal road map to our client’s legal issues, and offering the highest value for our clients’ money. We strive to offer a personal approach in representing our clients and providing legal services that exceeds expectations.

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Client Testimonials

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Gerry and Carol are professional and kind, above all.

No request or timeframe is too much for them, and at all times they made us both feel cared for and served with kindness. Thank you both.

Liesl B.

Went through a mediation with Gerry and he was awesome.

Went through a mediation with Gerry and he was awesome. Very fair in his presentation to both of us, easy to work with and easy to talk to. Recommend him highly!!

Scott

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Gerry and Carol are professional and kind, above all.

No request or timeframe is too much for them, and at all times they made us both feel cared for and served with kindness. Thank you both.

Liesl B.

Gerry and Carol are professional and kind, above all.

No request or timeframe is too much for them, and at all times they made us both feel cared for and served with kindness. Thank you both.

Liesl B.

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