Q: My div is going to trial cuz he wants 50% custody & my retirement. Arrested 2xs for DV. Police reports clearly with DV.
And pics. DA dropped charges will judge consider the DV that I went through?
A: The court will definitely consider evidence of domestic violence. But, what you should have done by now is at least filed a request for domestic violence restraining order. If you were to prevail you would have Family Code 3044 presumption in your favor during the custody determination of the case. If a parent is found to have perpetrated domestic violence upon the other parent or child, within the previous five years, there is a presumption that custody with the offending party is detrimental to the child.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
