Domestic Violence Criminal Defense
Domestic violence is a real problem in our society, but unscrupulous individuals often exploit the laws enacted to protect true victims of domestic violence. Many seeking child custody learn false allegations of domestic violence are easy to make, virtually never prosecuted, and very effective in obtaining child custody.
False allegations of domestic violence are common. According to Respecting Accuracy in Domestic Abuse Reporting (www.mediaradar.org), over one million false allegations of domestic violence are reported filed each year, and restraining orders are now seen as part of the "gamesmanship of divorce," according to a 2005 article in the Illinois Bar Journal. Allegations of domestic violence are often manufactured in preparation of seeking child custody, or fabricated because of pure hurt feelings over a failed relationship.
In California, upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence against the other party seeking custody of the child or against the child or the child's siblings within the previous five years, there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence is detrimental to the best interest of the child. (Family Code Section 3044). This provides a perverse incentive for individuals with child custody in mind to make false allegations of domestic violence.
In addition to outright false allegations of domestic violence, the enforcement of domestic violence laws is often biased and unfair. Mutual combat often results in the arrest of only one of the parties, and self defense often results in arrest. Even if the alleged victim does not want to pursue criminal charges, the district attorney's office can proceed with criminal charges and compel the alleged victim to testify.
Minor allegations of domestic violence come with major consequences. A conviction of a domestic violence crime can result in jail, loss of a job, social stigma, loss of child custody, and a conviction of a domestic violence crime will extinguish your 2nd Amendment individual right to keep and bear arms.
The Law Offices of Justin Kirk Tabayoyon understands what is at stake and will aggressively defend allegations of domestic violence, and if necessary retain private investigators and medical professionals to rebut domestic violence allegations.
This office is very specifically experienced in handling cases where there are simultaneous family law proceedings (divorce / child custody / paternity), domestic violence restraining order proceedings, and criminal domestic violence proceedings. Do not leave your future in the hands of an attorney who does not have experience handling all three of these actions going on simultaneously. Call today for a consultation.
The Law Offices of Justin Kirk Tabayoyon provides comprehensive criminal defense for all state and federal criminal charges. Serving Solano County, Contra Costa County, and the Entire Bay Area, including the Northern and Eastern District Federal Courts.