Domestic Violence and Divorce in Corona, California

Domestic violence issues arise in many divorce, paternity, child custody and other family law matters in Riverside County. The nuances involved in cases where abuse is prevalent, toward a spouse, parent, or children, are important to understand and consider for a variety of legal reasons.

Emotional Impact

The most important result from domestic abuse is the emotional toll it takes on the abused spouse and children living in the household. The Court generally understands these emotional impacts and the results for support, custody and other issues may be affected when abuse is prevalent. When our firm deals with cases involving DV, or domestic violence, we are cognizant of the legal presumptions created.

What if a party files a false or untrue restraining order?

Unfortunately, it is very common for a spouse seeking a divorce to first file a restraining order based on false allegations. When such a restraining order request is filed, if you are the accused person, it is extremely important to vigorously defend the restraining order request. The presumptions created by a finding of DV can be extremely detrimental to you, and include a presumption that you should not have any right to custody or visitation of your children, and there are also monetary impacts. Often, parties falsely accused of domestic violence simply do not fight the restraining order because they just want to get away from the accusing spouse anyway. That is not a good reason to fail to answer and defend a restraining order.

How does domestic violence impact child custody?

There is an important legal presumption created when a court makes a finding, after notice to the accused party and a full hearing, that domestic abuse occurred. The legal presumption is found within Fam. Code 3044, which states that a perpetrator of domestic violence should not have legal or physical custody, including visitation, with a child. This presumption applies not only to abuse upon a child, but abuse upon any other person living in the same home as the child. Notably, the legal presumption of Family Code 3044 does not apply to a temporary restraining order.

What happens at the temporary restraining order hearing?

When a party files a request for a temporary restraining order, typically there is no hearing. The paperwork requesting a restraining order is prepared and given to the court clerk, who then provides the paperwork to the Family Court judge or commissioner. The Judicial Officer then reviews the request (paperwork) to make sure there is enough information alleged to warrant a temporary restraining order. If there are facts alleged that warrant a temporary restraining order, the judge will then issue an order of protection. The orders may include a restraining order prohibiting contact with the other party, children, or other persons living in the home. The order may also include a “Move Out” order, which requires the accused perpetrator of domestic violence to move out at least temporarily from the family home.

Does a domestic violence request create a criminal case?

When a person files a request under the Domestic Violence Prevention Act (DVPA), which is found at Fam. Code 6300, the case established is civil in nature, not criminal. This is an important distinction. When the Family Court judge listens to testimony and receives proper “evidence” in the case, the decision to make a “permanent” restraining order is based on a preponderance of the evidence, which means more likely than not (i.e. more than 50% chance). In a criminal case, the standard is “beyond a reasonable doubt”, which is a much higher standard.

How long does a permanent restraining order last?

The Family Court is permitted to issue a restraining order for up to five years, or any other time frame less than that amount of time. The court routinely grants restraining orders for a period of six months or a year just to ensure a period of separation.

What happens at a restraining order hearing?

After the temporary restraining order is granted by the judge, a hearing date is set for the court to determine whether a permanent restraining order should be granted. At that hearing, both parties will have the opportunity to testify, have third parties testify, and ask the court to admit into evidence any photographs, written documents, and other relevant information.

What can the court order after a hearing?

After the hearing, the court will either grant or deny the restraining order. In any case, the court is permitted to establish child custody orders, even if the restraining order is denied. If the restraining order is granted, the judge can issue a “stay away” order from the protected party’s home, work, church, or other locations. The judge can issue protective orders for children or others living in the home, require the abuser to participate in batterer’s intervention classes, order restitution (payment for expenses created from the abuse), and other similar orders.

Can an abusive spouse seek spousal support or alimony?

In California, the law creates a rebuttable presumption that disallows the perpetrator or domestic violence to seek spousal support from the abused spouse. Because the law provides only a presumption, the abusive spouse may submit evidence for the court to consider to “overcome” that presumption so that the court will then allow some spousal support.

Are written declarations allowed for restraining order hearings?

When the person seeking a restraining order files their request for protection, the law requires them to write and submit a written declaration, or affidavit, setting forth the grounds for the restraining order. The declaration should state all the recent, and historical facts, that provide the court with information about abuse that occurred between the parties and/or their children. The person responding to the restraining order, or Respondent, may submit a written answer to the restraining order request and may file a written declaration responding to the request. The Respondent does not have to file any written objections. Notably, if either party objects to the court considering written declarations, the declarations should not be considered as they are hearsay and no exception applies. Family Code 217 requires oral testimony from any witnesses, including the parties, regarding the facts and circumstances relative to the domestic violence protection request.

What agencies are available to help with domestic violence paperwork?

Parties seeking a restraining order, or responding to a restraining order, are permitted to represent themselves in the case. Either party may hire an attorney if they wish, and that is usually advisable. There are different resources for parties living in Corona, California and elsewhere in Riverside County who are seeking a restraining order for help. These resources include:

Legal aid
Family Law Facilitator (located at the Riverside Family Court).

Here are other resources, including shelters, throughout Riverside County:

Riverside Violence Prevention Resource Directory

Alternatives to Domestic Violence P.O. Box 910 Riverside, CA 92502 (951) 320-1370 (909) 683-0829, (800) 339-7233 (SAFE) (Toll Free) (951) 679-8365 (TTY) http://alternativestodv.org/ Phone Hotline TTY

Casas Shelter P.O. Box 216 Los Alamitos, CA 90720 (562) 594-6825, (714) 995-8601 (800) 914-2272 (CASA)

http://www.casayouthshelter.org agency@casayouthshelter.org

I Care Shelter P.O. Box 749 Riverside, CA 92502 (951) 354-2273

http://www.icareshelterhome.org caremaster@lilmonster.com Phone Email

Settlement House 507 South Vicentia Avenue Corona, CA 92882 (951) 737-3504

http://www.settlementhouse.net settlementhouse@hotmail.com Phone Email

Domestic Violence Victim/Prevention Services

Shelter From the Storm Administrative Offices and Palm Desert Outreach Center 73555 Alessandro Drive, Suite D Palm Desert, CA 92260 (760) 674-0400 (760) 328-7233, (800) 775-6055 (Toll-free)

http://www.shelterfromthestorm.com/index.asp susan@shelterfromthestorm.com (Emergency email)

Shelter From the Storm Cathedral City Outreach Center 68-615 Perez Road, #9A Cathedral City, CA 92234 (760) 770-2390 (760) 328-7233, (800) 775-6055 (Toll-free)

http://www.shelterfromthestorm.com/index.asp susan@shelterfromthestorm.com (Emergency email)

Shelter From the Storm Coachella Outreach Center 53990 Enterprise Way, Ste 7 Coachella, CA 92236 (760) 393-0561 (760) 328-7233, (800) 775-6055 (Toll-free)

http://www.shelterfromthestorm.com/index.asp susan@shelterfromthestorm.com (Emergency email)

Shelter From the Storm Desert Hot Springs Outreach Center 14-201 Palm Drive, Suite 108 Desert Hot Springs, CA 92240 (760) 288-3313 (760) 328-7233, (800) 775-6055 (Toll-free)

http://www.shelterfromthestorm.com/index.asp susan@shelterfromthestorm.com (Emergency email)

Shelter From the Storm Indio Outreach Center 82-675 Hwy 111, Rm 117 Indio, CA 92201 (760) 863-7871 (760) 328-7233, (800) 775-6055 (Toll-free)

http://www.shelterfromthestorm.com/index.asp susan@shelterfromthestorm.com (Emergency email)

Shelter From the Storm Indio Outreach Center 44-199 Monroe Street Indio, CA 92201 (760) 863-2855 (760) 328-7233, (800) 775-6055 (Toll-free)

http://www.shelterfromthestorm.com/index.asp susan@shelterfromthestorm.com (Emergency email)

Shelter From the Storm Mecca Outreach Center 66th Avenue, Suite 101 Mecca, CA 92254 (760) 863-7860 (760) 328-7233, (800) 775-6055 (Toll-free)

http://www.shelterfromthestorm.com/index.asp susan@shelterfromthestorm.com (Emergency email)

Shelter From the Storm Palm Springs Outreach Center 555 S. Sunrise Palm Springs, CA 92262 (760) 318-0140 (760) 328-7233, (800) 775-6055 (Toll-free)

http://www.shelterfromthestorm.com/index.asp susan@shelterfromthestorm.com (Emergency email)

Valley Restart P. O. Box 1715 Hemet, CA 92546 (951) 766-7476

http://www.valleyrestart.org/ restart@valleyrestart.org Phone Email

Domestic Violence Shelter Services

Alternatives to Domestic Violence P.O. Box 910 Riverside, CA 92502 (951) 320-1370 (909) 683-0829, (800) 339-7233 (SAFE) (Toll Free) (951) 679-8365 (TTY) http://alternativestodv.org/ Phone Hotline TTY

Casas Shelter P.O. Box 216 Los Alamitos, CA 90720 (562) 594-6825, (714) 995-8601 (800) 914-2272 (CASA)

http://www.casayouthshelter.org agency@casayouthshelter.org

Coachella Valley Rescue Mission 47518 Van Buren Street Indio, CA 92202 (760) 347-3512

http://www.cvrm.org/ info@cvrm.org Phone Email

Genesis Shelter 3772 Taft Street Riverside, CA 92503 (951) 689-7847 (951) 682-7299 Phone Hotline