Shared Custody, Abuse, And Restraining Orders

Shared Custody, Abuse, And Restraining Orders Lawyer, San Jose CityThe following article will cover:

  • Handling shared custody with a partner who has physically abused you,
  • The concept of domestic violence restraining orders (DVROs) in family law, and
  • The consequences of obtaining a permanent restraining order.

How Can We Handle Shared Custody With A Partner Who Abused Me Physically?

The court considers the best interests of the child when determining custody. If one party is found guilty of domestic violence against the other, the court can issue a Family Code 3044 finding, which states that the abuser should not have custody of the children. However, the abuser may still have visitation rights under certain conditions.

The court may order supervised visitation, reconnection therapy, or require the abuser to attend anger management or domestic violence courses before granting visitation. If the abuser demonstrates efforts to change their behavior and rehabilitate, they may later be able to request that the court overturn the 3044 finding and revisit the issue of custody.

What Is An Injunction Or Restraining Order And How Can I Get One?

In family law, a domestic violence restraining order (DVRO) is issued against a family member, partner, or someone with whom the petitioner has had a previous relationship. Domestic violence encompasses physical, financial, verbal, and psychological abuse. If you feel you have been a victim of domestic violence, you can file for a DVRO by providing information about yourself, the abuser, and incidents of abuse.

The court will initially review your request and either grant or deny it before scheduling a hearing. If granted, you will receive immediate protection. If denied, it means the court may need more information before making a decision. After the hearing, the court will decide whether to grant a “permanent” restraining order, which may last one, three, or five years.

You can request a renewal of the restraining order before it expires through a separate process. The restraining order is filed with the local police department to ensure your protection in case of a violation.

With the guidance of a skilled attorney for Family Law, you can have the peace of mind that comes with knowing that we’ll make it look easy. For more information on Family Law in California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (408) 909-4586 today.


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