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Domestic Violence Restraining Orders are very serious and should not be taken lightly. Unfortunately, many clients contact this office only after a court issues a domestic violence restraining order after hearing. Do not underestimate the importance of IMMEDIATELY hiring a family law attorney to represent you if you are served with a temporary domestic violence restraining order. Do not wait until a court issues a restraining order after hearing to contact a family law lawyer, especially if child custody is involved. You likely will not get a second change to argue the court should not have issued a restraining order.

 

California Family Code Section 3044 provides, upon a finding 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 sibilings 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, pursuant to Family Code Section 3011.

 

Before issuing a domestic violence restraining order after hearing the court has to make a finding of domestic violence. Once a court makes that finding and issues a restraining order after hearing (domestic violence restraining order) the presumption created by Family Code Section 3044 takes effect. Therefore, you need to hire a lawyer before a court issues a domestic violence restraining order, not after. 

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However, the court may require "substantial" independent corroboration as a prerequisite to considering allegations of abuse. (Family Code section 3011, subdivision (b)(3). Family Code section 3011, subdivision (b)(3), serves as a caution to the court that allegations of abuse can easily be made, and that courts must be alert to their misuse to gain an advantage in a custody dispute. (See Keith R. v. Superior Court (2009) 174 Cal.App.4th 1047 [addressing the "temptation to misuse domestic violence orders for tactical reasons"].)

 

If you have been served with a temporary domestic violence restraining order, and if you are simultaneously charged with domestic violence (Penal Code Section 273.5 or Penal Code Section 243(e)(1)), contact the Law Offices of Justin Kirk Tabayoyon immediately. 

 

This office is very specifically experienced in handling cases where there are simultaneous family law proceedings (divorce / child custody / paternity), domestic violence restraining order proceedings, and criminal domestic violence proceedings. Do not leave your future in the hands of an attorney who does not have specific experience handling all three of these actions going on simultaneously. Call today for a consultation.