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?
Family Law Attorney
Look at item (b)(7) under that section. It is a factor to be considered.
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Divorce / Separation Lawyer
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.
Child Custody Lawyer
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 and court specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship