If you or someone you know is facing the difficult realities of domestic violence, our compassionate and experienced domestic abuse lawyers in Sacramento and Placer Counties are here to help. We have extensive experience in guiding clients through the complex process of obtaining Domestic Violence Restraining Orders (DVROs), protecting their rights and ensuring the safety of their families.
Whether you’re seeking a restraining order attorney to file for legal protection or defending against a false accusation, our firm has the expertise you need to navigate the complexities of these cases. Domestic Violence Restraining Orders (DVROs) play a crucial role in determining outcomes for child custody, spousal support, and divorce. Their presence often heavily influences the court’s decisions. This article highlights how a DVRO issued in Sacramento or Placer County can influence various aspects of our local family law cases.
1. How does a domestic violence restraining order affect child custody?
A Domestic Violence Restraining Order can heavily influence child custody decisions. Courts in California prioritize the best interests of the child, and evidence of domestic violence is a major factor in determining custody arrangements. Under Family Code § 3044, a rebuttable presumption arises that awarding custody to a parent who has committed domestic violence is detrimental to the child. This presumption applies if the court finds that the parent seeking custody has perpetrated domestic violence within the previous five years. The restrained parent must then provide substantial evidence to rebut this presumption to be awarded custody.
2. Can the restrained parent still have visitation rights?
When the court finds that one parent has a DVRO against the other, there is a presumption that an award of sole or joint physical or legal custody of a child to a person to the abuser is detrimental to the child. The court typically imposes restrictions on the abusive parent’s visitation, often requiring supervised visitation through official agencies. In some cases, visitation can be denied entirely if there are concerns about the child’s safety. Consulting with a restraining order attorney ensures that the court takes appropriate steps to protect your child, while a domestic violence lawyer can advocate for your rights in court proceedings. Our DVRO attorneys in Sacramento are experienced in handling these sensitive cases, ensuring both safety and fairness.
Placer County Supervised Visitation Agencies.
Sacramento County Supervised Visitation Agencies.
3. How are children exchanged when a DVRO has been ordered?
A Domestic Violence Restraining Order (DVRO) often comes with provisions like stay-away orders, no-contact directives, supervised agency custodial exchanges, and other protective measures to ensure the safety of the victim and their children. These protections are vital, especially in high-conflict cases. Working with a domestic abuse lawyer ensures that these protections are strictly enforced, while a restraining order attorney can advocate for any necessary adjustments to custody or visitation. If you’re in Sacramento or Placer County, our DVRO lawyers can help ensure that your family remains safe and legally protected.
4. Will a DVRO automatically deny spousal support?
In cases of domestic violence, Family Code § 4325 generally prevents a spouse convicted of abuse from receiving spousal support. This legal provision can have a significant financial impact, which is why it’s essential to have a knowledgeable DVRO lawyer or domestic violence lawyer on your side. They can argue for or against spousal support based on the case’s specifics. If you’re the victim seeking protection, our domestic abuse attorneys in Sacramento and Placer Counties can ensure your financial security throughout the divorce process.
5. Can a restraining order affect the division of property in a divorce?
Under California Family Code § 721, spouses must act in good faith and provide full disclosure when managing community assets. Economic abuse, which includes actions like hiding or wasting assets, is considered a breach of fiduciary duty under California Family Code § 721. If you suspect your spouse of engaging in this kind of behavior, working with a domestic abuse lawyer is crucial to uncover and address these actions. A restraining order attorney can help ensure that economic misconduct is considered during property division. Our experienced DVRO lawyers in Sacramento are skilled at identifying such abuses and advocating for fair financial outcomes in divorce cases.
6. How Are Attorney Fees Awarded in DVRO Cases in Placer County?
California Family Code §6344 has been recently amended. Now, when a Domestic Violence Restraining Order (DVRO) is issued after a judge’s finding of abuse, the protected party is entitled to:
- Mandatory attorney’s fees
- Legal costs
- Fee awards that do not depend on the abuser’s ability to pay
The revised law encourages legal representation for victims and ensures that financial barriers do not prevent them from seeking protection. The amount awarded is at the court’s discretion, based on what the judge considers to be “reasonable” under the circumstances. The court will typically consider the complexity of the case, and the work required by the attorney.
On the other hand, a prevailing defendant to a DVRO application (the accused abuser) can only be awarded fees “if the respondent establishes by a preponderance of the evidence that the petition or request is frivolous or solely intended to abuse, intimidate, or cause unnecessary delay.”
The recent revisions to Family Code 6344 and the mandatory nature of fee awards were emphasized to Domestic Violence Restraining Order attorneys at the Placer County Bar Association’s 2024 conference by Placer County Judge DeJesus and Commissioner Erkel in October 2024. It is expected that both Placer County and Sacramento County judges will be increasing their fee awards because of this change.
Conclusion
In summary, California family law places great emphasis on addressing domestic violence, recognizing its profound impact on custody and divorce proceedings. Courts take these matters seriously to safeguard the well-being and security of victims and their children, ensuring that legal decisions prioritize their protection.
If you’re facing a situation involving domestic violence and need legal support, don’t hesitate to reach out. Our team of domestic abuse lawyers in Sacramento and Placer Counties are ready to protect your rights and secure the safety of your loved ones. Schedule a consultation today.
