A party who has been found to have engaged in domestic violence is presumed to be an unfit parent. Therefore, a finding of domestic violence can negatively effect a parent’s custody rights. A party who is a victim of domestic violence should seek intervention from the police and the courts. The police department has the authority to arrest and remove the abuser, and to issue an emergency protective order. A court has the authority to issue a temporary restraining order, and to order the offending party out of the home, pending a hearing on a permanent injunction.
On the other hand, a party who believes that s/he has been wrongfully accused of domestic violence should seek the advice of an experienced litigator who can protect his or her custody rights. It is not uncommon for one parent to make false allegations of domestic violence in order to gain leverage in a family law proceeding.
Los Angeles Family Law Attorney, Randi Susan Klein
234 South Figueroa Street, Los Angeles, CA 90012
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