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Tag Archives: California’s Domestic Violence Prevention Act

Fighting Wife Loses Request for Restraining Order

By Andy Cook |

“She started it”! That’s something we might hear one sibling say about another one, but it’s also the argument that appears to have worked for a man in a California divorce case. In the case of Marriage of Grissom, the wife (“Valerie”) filed for divorce in San Diego and at the same time requested… Read More »

Court Upholds Domestic Violence Case Even Though Parties Had Sex After Abuse

By Andy Cook |

I remember a case I had years ago where the alleged victim of domestic violence obtained a temporary restraining order but then engaged in consensual sex with the alleged perpetrator before the hearing where the judge would decide whether to make a temporary restraining order permanent. Based on the incidence of sex, the judge… Read More »

Court limits child visitation time of perpetrator of domestic violence

By Andy Cook |

California Family Code section 3044 says that a parent who has committed domestic violence against the other parent within five years is not allowed to have sole –or even joint– physical or legal custody of the parties’ children, unless the perpetrating parent proves by a preponderance of the evidence that he or she should,… Read More »

Is This a Date?

By Andy Cook |

When abuse occurs between two unmarried people who are not related to each other and who have never had children together, California Family Law Courts only have power to issue a restraining order if the individuals have a “dating relationship”. Most people can figure out when people are dating or not, but it can… Read More »

The Importance of Domestic Violence Findings in Child Custody Cases

By Andy Cook |

How is child custody decided in California in a divorce or paternity case? Normally, the answer can be found (at least in part) in California Family Code section 3040, which states, “the court shall consider, among other factors, which parent is more likely to allow the child frequent and continuing contact with the noncustodial… Read More »

What’s Left for Divorce After a Restraining Order?

By Andy Cook |

In the event of physical violence, harassment or threats, or emotional, psychological or financial abuse, a spouse can fairly easily obtain a temporary restraining order (TRO) against the other spouse. The TRO can order the abusive spouse to move out of the house and avoid all contact with the other spouse, the children or… Read More »

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