Domestic Violence Restraining Orders
"Because the court must consider all allegations of neglect or abuse in making its custody and visitation order, such claims may cause the court to give child custody to the complaining parent, and give only supervised visitation to the alleged abuser. However, so many false claims have arisen during child custody disputes that the California Legislature has enacted some serious punishments against those who knowingly lie to the
Domestic Violence is a long-standing cultural problem that results in physical and emotional injuries to partners. Even if the children themselves are not physically injured, watching it emotionally damages CHILDREN. The parenting – good or bad - that they see and hear may be the model they will remember though their lives. Your son may someday think it is natural or normal to hit his girlfriend. Your daughter may someday think it is normal for her man to hit or slap her. The events YOU suffer in the children’s presence echo down the long halls of their lifelong memories. That is why it is so important to STOP PUTTING UP WITH IT.
- Family Code Section 3022.5 states that if a parent has been convicted of falsely accusing the other parent of child abuse, that the court shall reconsider its child custody decision. This means that, although she or he may have obtained a custody order of sole custody and supervised visitation to the other parent, once the claim is disproved, the court can immediately reverse or change its original custody order.
- Family CodeSection 3027.1 states that if, after investigation, the court finds that a party falsely and knowingly claimed the other parent committed abuse or neglect that parent shall pay the attorney's fees and costs of the other party in defending against those allegations, AND monetary sanctions (punishment) for making such false claims.
- Family Code Section 3027.5 (b) "The court may order supervised visitation or limit a parent’s custody or visitation if the court finds substantial evidence that the parent, with the intent to interfere with the other parent’s lawful contact with the child, made a report of child sexual abuse, during a child custody proceeding or at any other time, that he or she knew was false at the time it was made."However, if the allegations are truthful the complaining parent has nothing to worry about.
Family Code Section 3022.5(a) states:
- No parent shall be placed on supervised visitation, or be denied custody of or visitation with his or her child, and no custody or visitation rights shall be limited, solely because the parent:
- lawfully reported suspected sexual abuse of the child
- otherwise acted lawfully,based on a reasonable belief, to determine if his or her child was the victim of sexual abuse
- sought treatment for the child from a licensed mental health professional for suspected sexual abuse.