Family Code 3044 outlines the court’s power to not allow visitation to a parent who has been convicted of domestic violence. Rebuttable Presumption A presumption in basically an assumption that the court makes before hearing evidence. In simple terms, if you have a domestic violence conviction, the court is already going to assume that you…
How do you know you have a winning domestic violence defense strategy? Read below: Self-Defense This is the most widely used domestic violence defense strategy. If you are charged with domestic violence, but you were merely attacking in order to defense yourself, then you are not guilty of domestic violence. Self-defense means that you reasonably…
Being charged with Domestic Violence can have devastating consequences on you and your family. False allegations of domestic violence usually arise when a couple is going through a bitter divorce or contested child custody proceeding. In California, family law courts will consider domestic violence convictions in determining which parent receives primary custody. More importantly, a domestic violence restraining order (CLETS)…
If you have been charged with a domestic violence crime in San Diego, you need to act fast to properly prepare your defense. Domestic violence laws in California are particularly strict on the accused. The prosecutor’s case will be driven by the facts, but also by much more than that. In their case against you,…
