Domestic Violence

Asked 9 months ago - Long Beach, CA

I have primary physical custody of my daughter, my ex has issues with DV she has done the classes but has recently committed a new act of DV against me. Under FLC 3044 do each act of violence constitute a new presumption by the court. I guess my question is .. With every act of violence is there a new presumption?

Attorney answers (3)

  1. Sean Patrick Lewis

    Contributor Level 17

    4

    Lawyers agree

    Answered . Look at item (b)(7) under that section. It is a factor to be considered.

    The above is not intended to be legal advice, but may be used for general information. Please contact an attorney... more
  2. James Louis Miller

    Contributor Level 16

    1

    Lawyer agrees

    Answered . I agree with Mr. Lewis look at (b)(7) of 3044.

    In addition I would hope you reported this new incident to the police and are in the process of obtaining a restraining order (if you don't already have one).

    Just stating there was domestic violence does not make it fall under 3044

    Note this answer does not constitute legal advice, and should not be relied on. Each situation is fact specific... more
  3. Rebecca M. Perkins

    Contributor Level 10

    Answered . Did you file a request for a Domestic Violence Restraining Order, or is one already in place? If there is one in place the police usually get involved. If not, you have to file for a new one.

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