Domestic violence is one of the saddest and most difficult area of marital or domestic partnership discord. One who alleges domestic violence is most often seeking a restraining order that keeps the perpetrator 100 yards from the person seeking the order. Violence or threat of violence must be proved. There is usually a hearing in front of a judge. It is important to have an experienced family law attorney defend you when charges of domestic violence are made. If a domestic violence order is made and issued, such an order can have lasting effects and can affect substantial rights, such as possessing a firearm. A finding of domestic violence may also have a significant impact on one's ability to obtain joint custody of a child or children. The law creates a presumption that the award of joint custody is NOT in the child's best interest when there is a finding of domestic violence. Often an allegation of domestic violence is the tail that leads the custody dispute.
If allegations of domestic violence have been made against you, you should consult an attorney immediately. Communication between the spouses or partners should be by text message and email only, so all communication between the parties is documented.
Allegations and findings of domestic violence can be can be very complicated. Make sure you have an experienced family law attorney to assist you. If you need an experienced attorney for your child custody or support matter or your divorce, please call us at (415) 749-5900 or write to us using the form below for a free consultation.