Victims of domestic violence are not just the ones who are being abused, but they may also encompass the individuals who are wrongly accused of such acts or the children who witness such acts in homes where domestic violence occurs. At Razai & Nefulda, APC, we have prosecuted domestic violence cases as well as defended clients wrongly accused of domestic violence. A finding of domestic violence can have a significant impact in other aspects of the dissolution proceedings from custody and visitation issues, chill support, spousal support and attorney’s fees and cost issues (among others). In family court the burden of proof is relatively low – all that is required in terms of the burden of proof by the individual claiming that an act of domestic violence occurred is a preponderance of the evidence (meaning a showing of just slightly more than 50% that an act of abuse was committed). Domestic violence under the Domestic Violence Prevention Act is not limited to physical abuse, but covers threats of abuse, harassment, and destruction of property (among other factors). Oftentimes the party seeking a restraining order may not even give notice to the party accused of domestic violence that he or she is going to appear in court to secure a restraining order (as the law allows in certain instances that notice can be dispensed with at the preliminary or temporary restraining order phase) and the timeframes by which to appear, prepare responses/oppositions or subpoena witnesses may be significantly shorter. Having the right attorney who is well versed in the Domestic Violence Prevention Act and the rules of evidence is critical to the outcome of such cases.
Domestic Violence Prevention
The best approach to avoid either a restraining order accusation or having to secure a restraining order is to take steps to avoid such issues from ever arising in the first instance (assuming there wasn’t a pattern of such acts during the marriage or relationship). Securing court orders that allow for the exchange of minor children at public settings (during acrimonious divorces) may be important in avoiding issues from ever arising. Knowing when to call the police when threatened with an act of violence is just as equally important (as criminal proceedings coupled with family law proceedings have different implications altogether). Limiting communication to Court approved communication sites such as talkingparents.com or ourfamilywizard.com can lessen communication with the other parent (when not appropriate).
Protection for the Wrongly Accused
There are instances when a spouse or partner is falsely accused of inflicting domestic violence on another. A restraining order issued against you during a divorce case may jeopardize your parental or custody rights, not to mention risk your employment (and license depending on your occupation). Our family law attorneys are your best defense in situations where false accusations have been made (as it isn’t uncommon that one spouse will attempt to secure a restraining order to gain leverage at the outset of the case – securing sole custody orders, monitored visitations orders against the accused aggressor, exclusive property control orders (removing the accused aggressor out of the home), etc.).
Knowing the implications of a finding of domestic violence is critical in preventing further abuse (by securing orders against the aggressor) or preventing further accusations of domestic violence against the wrongly accused.
Call Our Domestic Violence Expert Attorneys Today!
Speak with a Los Angeles domestic violence divorce attorney regarding a restraining order by calling Razai & Nefulda, APC at 310-858-8181.