Domestic Violence

Domestic Violence and Abuse

Domestic Violence is a very serious charge. If found liable, it will affect the custodial rights of a father and possibly cause termination from employment (such as police officers, firemen, and school teachers). The Law Office of David C. Stone strives to maintain and enhance the visitation and custodial rights of its clients, and the safety of the client’s children.

Domestic Violence is covered under the Family Code and was specifically added to the code via the Domestic Violence Prevention Act. The Domestic Violence Prevention Act is located in the Family Code starting with Family Code §§6200 et seq. The abuse that is related to domestic violence is defined in the Family Code under section 6203. In the Family Code, abuse is defined as intentionally or recklessly to cause or attempt to cause bodily injury, sexual assault, or to place a person in reasonable apprehension of imminent serious bodily injury to that person or another. Family Code §6320 defines the acts that can be enjoined and restrained from by way of an ex-parte (emergency) hearing.

Domestic Violence is a quasi-criminal action, which has many negative results. Once an individual is found to be liable for domestic violence, the domestic violence presumption against that party having custody of a minor child is attached. The presumption is rebuttable, thereby meaning with the right evidence and facts, the presumption can be overcome. However, as a practical matter it is better to defend against the domestic violence act rather than to rebut the presumption.

If the court finds a party liable for domestic violence, the court will issue a restraining order which results in limiting that party’s visitation with the minor child. Furthermore, if the restraining order is violated, the maximum penalty is incarceration for up to one year.