Domestic violence happens very frequently, whether within married couples, dating couples or people who are just living together. It may result in criminal charges, or can be filed through the Family Law Courts in divorce/custody battles, usually as a Domestic Violence Restraining Order (DVRO).
The most challenging aspect of these cases is determining the truth behind the acts of violence. We recognize that many cases involve false accusations or exaggerated situations. Others are people in real need of protection by the Courts.
Whether you are being accused of violent behavior or are fearful for your safety or the safety of your children, we can help you. The use of Domestic Violence restraining Orders can provide some help in appropriate situations. Others need our services to fight the abuse of other parties trying to gain an upper hand in child custody situations by falsely filing these requests for orders.
Call us for a free consultation. We can explain the law to you, and if you choose to have us represent you we will fight hard to protect you and your rights in Court.
Under Family Law § 3011 in making a determination of the best interest of the child in a proceeding described under section 3021, the court shall, among the other factors it finds relevant, consider all of the following:
- A. The health safety and welfare of the child
- B. Any history of abuse by one parent or any other person seeking custody against any of the following: any child to whom he or she is related by blood or affinity or he or she has a caretaking relationship, no matter how temporary; the other parent; a parent, current spouse, or cohabitant of the parent seeking custody…..
As noted above a finding of domestic violence can have serious implications for custody/visitation. It can also subject you to a potential criminal charge.