Court Discusses the Section 3044 Presumption in California Custody Cases

June 30, 2023 | by Roy M. Doppelt

In San Diego Family Law Court child custody cases, the Judge will determine parental rights and obligations based on what is in the best interest of the child. Among other things, the Courts will consider and rule on whether either party engaged in acts of domestic violence; if there is a finding of domestic violence, it is presumed that granting that party joint legal custody rights would be detrimental to the child. In a recent California custody case in which the father challenged the Trial Court’s ruling, the Court discussed what evidence is necessary to rebut the presumption. If you need assistance with a custody matter, it is smart to meet with a San Diego child custody attorney to evaluate your options for protecting your parental rights.

Factual and Procedural History of the Case

It is alleged that the father filed a petition seeking to establish the parentage of two children born during his relationship with the mother. In January 2018, the court entered a stipulated judgment granting joint legal and physical custody to both parents and resolved other issues regarding the children. Less than a year later, both parents sought modifications to the stipulated judgment.

Reportedly, the mother filed a request for order, arguing that the father coerced her into signing the stipulated judgment. The father also filed a request for a domestic violence restraining order, alleging that the mother had engaged in acts of domestic violence against him in the past. The Trial Court conducted a trial, after which it issued a domestic violence restraining order against the mother. The Court also found that both parties engaged in acts of domestic violence but rebutted the Section 3044 of the Family Code presumption. The father appealed. Continue reading

California Court Explains Evidence Needed to Obtain a DVRO

May 30, 2023 | by Roy M. Doppelt

When faced with allegations of domestic violence in family law cases, the San Diego Superior Court Judge’s will assess numerous factors to determine if a domestic violence restraining order (DVRO) is necessary and, if so, for how long. While many DVROs are limited in duration, in some instances, they may be extended. If the Courts fail to apply the correct standard of review when evaluating requests to renew DVROs, however, it may constitute grounds for review. In a recent California ruling, the Court clarified what a party must demonstrate for the Courts to grant a DVRO renewal request. If you have questions about how domestic violence claims may impact your family law case, it is advisable to confer with a dedicated San Diego family law attorney as soon as possible.

Factual and Procedural History

It is reported that the mother and the father were involved in a romantic relationship and had a one-month-old baby together when they had an argument. The father grabbed the mother and bit her ear, after which the mother called the police. The father was arrested for domestic violence. The following year, when the parties were separated, and the mother was pregnant with the couple’s second child, the father forcibly shoved the mother, grabbed the couple’s child, and walked away with her.

Allegedly, police arrested the father for domestic violence a second time. The mother then filed a request for a DVRO in their pending family law case. The Court granted a three-year DVRO. The following year, a third incident occurred, during which the father strangled the mother, ran a knife across her neck, and threatened to kill her. Four days before the DVRO expired, the mother filed a request to renew the DVRO. The Court denied the request, and the mother appealed. Continue reading

California Court Discusses Factors Weighed in Evaluating Whether to Grant a DVRO

April 14, 2022 | by Roy M. Doppelt

Few relationships are devoid of conflict; instead, it is common for romantic partners to have disagreements occasionally. Sadly, however, arguments lead to physical harm in some relationships, and in many instances, the abuse worsens when the relationship ends. Thus, many victims of abuse seek domestic violence restraining orders (DVROs) protecting them from their former romantic partners. In a recent California ruling, the Court discussed the factors considered when determining whether to grant a DVRO in a case in which they ultimately ruled that both the woman seeking the order, and her children required protection. If you are accused of domestic violence or need assistance seeking a DVRO, it is smart to speak to a San Diego family law attorney as soon as possible.

Factual Background of the Case

It is reported that the husband and the wife married and had three children that were born between 2005 and 2013. They separated, after which the wife sought a DVRO protecting her and her children from the husband. The wife alleged that the husband persuaded the wife’s friends and mother to try to convince her to resume her relationship with the husband, asked the children to spy on her, and followed her male friend home and threatened to kill him.

Allegedly, during the hearing on the matter, the Court heard evidence that the husband harassed and stalked the wife. The children testified the husband yelled at them, prompted them to fight one another for his entertainment, and pushed, choked, and slapped them, under the guise that he was playing. The Court granted the DVRO as to the mother and the children. The husband appealed, arguing that there was insufficient evidence that the children should be included in the DVRO. Continue reading

California Court Discusses Domestic Violence in the Context of Custody Disputes

January 13, 2022 | by Roy M. Doppelt

Under California law, the Courts’ driving concern in any child custody case is what is in the best interest of the child. Among other things, this means the Courts will consider whether either parent has a history of domestic violence, and if they do, will presume that it is not beneficial for their child to live with them. The presumption can be rebutted, but only if certain evidence is offered. This was demonstrated in a recent California ruling, in which the Court reversed an earlier ruling that failed to apply the presumption. If you have questions regarding domestic violence in the context of child custody, it is in your best interest to contact an experienced San Diego child custody lawyer to assess your options.

Factual and Procedural History of the Case

It is reported that the husband and wife had two minor children that were born of the marriage. The wife filed a lawsuit seeking a dissolution of the marriage. At the same time, she sought a domestic violence restraining order against the husband via a separate action; the Court dismissed the case, however, due to the wife’s failure to serve the husband. The Family Court granted the dissolution by default and granted the wife sole custody of the children. She then moved with the children to Utah.

Allegedly, the husband stated he did not know about the divorce proceeding and moved to set aside the default. The wife again sought a domestic violence restraining order in Utah and presented the Court with evidence that the husband subjected her to abuse for years. The Utah Court granted the wife a temporary restraining order, while the California Family Court set aside the default and granted the husband joint custody. The wife appealed. Continue reading

Court Explains Personal Jurisdiction in California Family Law Cases

November 6, 2021 | by Roy M. Doppelt

Relationships often fall apart, and when they do, it is not uncommon for one party to move to another city or state. If disagreements between formerly romantically involved people result in legal action, it may be uncertain which forum has the right to handle such disputes. It is clear, however, that the California courts cannot preside over a family law matter if they do not have jurisdiction over the parties. This was demonstrated in a recent California case in which the court ultimately vacated a domestic violence restraining order against the defendant, citing the lack of personal jurisdiction over the defendant. If you are involved in a family law dispute with someone who lives in another state, it is in your best interest to retain a seasoned San Diego family law attorney to discuss your options for protecting your interests.

Factual Background of the Case

It is reported that the husband and the wife married in California in 2005, had three children, and moved to Texas in 2015. The wife left Texas in 2019 to return to her parent’s home in California and took the minor children with her. She subsequently filed a petition for legal separation and requested a domestic violence restraining order (DVRO). The husband moved to quash service of process with regard to the DVRO request, but the court denied his motion and issued an order granting the wife’s request. The husband appealed, arguing the court erred by denying his motion to quash.

Personal Jurisdiction in California Family Law Cases

The husband argued that the Court lacked personal jurisdiction over him, and therefore should have granted his motion to quash and dismissed the case with prejudice. On appeal, the court agreed and directed the trial court to issue an order granting the husband’s motion to quash the DVRO. Continue reading

Domestic Violence as a Cause of Divorce in San Diego 2021 – Types Explained by Expert Attorneys

March 12, 2021 | by Roy M. Doppelt

Every marriage has its ups and downs; however, increasing conflict may trigger strong negative feelings, which could begin to corrode the relationship. Those negative emotions may manifest themselves in a variety of ways. Ultimately, all the frustration and aggression may result in domestic violence.

Domestic violence is not limited to one partner physical abusing the other. In reality, there are various kinds of domestic violence, and each of them has its own overwhelming consequences, which could include the issuance of a Domestic Violence Restraining Order. (See Family Code section 6320).

Kinds of Domestic Violence

What are the Consequences of a Domestic Violence Restraining Order for the Restrained Party? San Diego 2020

April 9, 2020 | by Roy M. Doppelt

The two parties in a domestic violence restraining order case are often called the “Protected Party” and the “Restrained Party.” The Protected Party is the person requesting the Domestic Violence Restraining Order and the Restrained Party is the person who is restricted by the restraining order.

When a Domestic Violence Restraining order is granted for the Protected Party, it may drastically reduce the rights and liberties of the Restrained Party, and they my need a Domestic Violence Attorney to help them protect their rights and liberties. If a Domestic Violence Restraining Order has been granted against you, you need to consider a Domestic Violence Lawyer.

The Consequences of a Domestic Violence Restraining Order

DOMESTIC VIOLENCE RESTRAINING ORDER ATTORNEY- San Diego 2020

April 3, 2020 | by Roy M. Doppelt

Domestic violence is the emotional, physical, or verbal abuse by one person against another where the parties are (See Cal. Family Code 6211):

Spouses or former spouses,
A person who regularly resides or formally reside in the household,

Things Divorcing Couples Need to Know About Alimony in San Diego 2020 – Hear It from the Experts

February 18, 2020 | by Roy M. Doppelt

With regards to divorce, alimony is notorious. You most likely have some idea of how alimony functions—with the higher-earning partner making regular installments to the other partner—however, there are a number of misinterpretations about this crucial, but hot-button topic.

Every state has separate alimony support laws and requirements, so there is a high chance for misinterpretation. In California, alimony is referred to as “spousal support.” In the present blog, we will discuss six things divorcing couples should think about regarding spousal support in California.

1) There are two types of spousal support in California