It is all too common for one party to either lash out in anger, or engage in an ongoing pervasive pattern of abuse. In these cases of domestic violence, the abused party may seek a restraining order. Standard restraining orders will be in effect for five years. After obtaining restraining orders, if the restrained party returns to the home, harasses the protected party, or in any other way violates the restraining orders, that party can, and often is, arrested for violations of the court orders. That arrest can result in jail time.
Domestic violence does not have to rise to the level of slapping, punching, pinching or kicking. Sometimes, domestic violence can be as simple as spitting on someone or even simply breaking personal property such as a remote control or a phone. When one party commits domestic violence, the presumptions of California Family Code Section 3044 automatically go into effect. The code states that it is presumed it is not in the best interest of the child for the perpetrating party to have any custody of the child. This presumption is a rebuttable presumption, which means you can fight the presumption with facts and evidence which show that it truly is in the child’s best interest for the perpetrating party to retain some custodial time with the child. The 3044 presumptions are automatic, even if the domestic violence was not committed against the child and if there was domestic violence committed against anyone in the home in the previous five year period.
If there has been any form of domestic violence in the home, we urge you to contact an attorney immediately. Your safety and the safety of your loved ones is always the primary concern. Contact the National Domestic Violence Hotline for more information. Additionally, we can help you understand your rights and options for getting out of your unhealthy and dangerous situation.
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