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Saturday, October 28, 2017

Charged with a Domestic Violence Restraining Order?

Being charged with a domestic violence restraining order is a serious issue since it's possible that the District Attorney will file charges against you. Even if the DA doesn't file charges against you, once a DV restraining order is filed, it is nearly impossible to have it removed and it may affect your ability to gain employment in some cases. Attorney is aware that false DV orders are filed, but all of them must be defended properly; unfortunately, not all attorneys are able to defend such cases.

To see some of the videos attorney believes are relevant to the defense of the charges, see https://candhattorneysnorcal.blogspot.com/ (which has information about attorney herein and attorney Craig Henderson from Chico), plus the videos are right on the first page.  Some good points are made by each attorney on each video-- these are attorneys we do not know personally, but the content is good.

Remember, under FC 3044 a person who has had a DV restraining order filed against him or her, and the restraining order is upheld within the previous five years--there is a rebuttable presumption that an award of  (a) sole or joint physical- OR- (b) legal custody of a child,  is detrimental to the best interest of the child....therefore,  that would mean that the party affected might not even get shared custody. The presumption may only be rebutted by a preponderance of the evidence. (superiority in weight of the evidence that is more convincing, and will be more than 50% of  all the evidence)

If you have had a DV restraining order filed against you, and you wish to gain custody or visitation of children, you have an uphill battle against you. Attorney recommends that you find an attorney who knows both family law and criminal law since the defense of the DV really does depend on how badly your case proceeds (if you are criminally charged and arrested) and how the district Attorney feels about prosecuting your case.

Attorney herein does practice family law and criminal law, and has done cases at all of the courthouses shown on the right side column of this site [plus other ones not shown]... so feel free to contact if you need help.