SAN JOSE DOMESTIC VIOLENCE AND DIVORCE LAWYER
PROTECTION FOR DOMESTIC VIOLENCE VICTIMS IN CAMPBELL, SANTA CLARA, AND THE BAY AREA
Many California divorces begin not with a petition for divorce, but with the issuance of a restraining order and an allegation of domestic violence. Sometimes these allegations are made not because there is domestic violence occurring, but simply because one party is attempting to gain an upper hand in the pending divorce proceedings.
The Dominion Law Group, LLP represents victims of false allegations of domestic abuse. We also represent parties who are victims of real violence and abuse. In all domestic violence matters, our San Jose domestic violence attorneys work to protect the rights and interests of our clients.
DOMESTIC VIOLENCE AND CHILD CUSTODY
The reason many divorces begin with an allegation of domestic violence is rooted in the California Family Code Section 3044. This law states that if you have ever committed an act of domestic violence, you cannot have custody of your children. However, the law defines domestic violence very broadly. You do not have to lay a hand on someone to commit an act of physical domestic violence. Nor do you have to threaten to hurt your spouse to commit an act of domestic violence.
WE CAN ACT QUICKLY
At the Dominion Law Group, LLP, our San Jose domestic violence attorneys respond quickly to clients in need. In matters involving domestic violence, time can play a large role in the outcome:
Victims of domestic violence: If you are the victim of domestic violence or abuse, we can act quickly to obtain a restraining order to prevent further harm to you or your children.
Those accused of domestic violence: If you have been accused of domestic violence, it is important to take prompt action to protect your rights. The party making an accusation of domestic violence can temporarily seize control of the family residence, the family finances, and the children. While this control may be temporary as far as child custody is concerned, it creates a status quo that is difficult to change. You could also suffer financial harm if you have not saved copies of records to support a claim for separate property that you own. Those records could disappear from your home while you are subject to the restraining order. You do not have a lot of time to react before permanent damage can be done to your interests in a divorce.