Is trespassing considered an act of Domestic Violence in a custody dispute?

Asked over 1 year ago - Van Nuys, CA

in California is trespassing considered an act of Domestic Violence?
and if convicted, can the trespassing conviction be used against you pursuant to fam code 3044?

Attorney answers (4)

  1. Timothy Miranda

    Pro

    Contributor Level 15

    2

    Lawyers agree

    1

    Answered . No, it requires a finding of domestic violence.

    However, I have argued cases where there was a criminal domestic violence charge, the defendant plead- out to lesser included offense, like trespassing or vandalism, and the "victim's" attorney attempted to raise the 3044 presumption nevertheless, based upon the original charge and allegations.

  2. Harry Edward Hudson Jr

    Contributor Level 20

    Answered . Trespassing, in and of itself , is not a domestic relations case. However, if it is part of stalking it could be. I have no comment on 3044 usage

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more
  3. Adam Laurence Pearlman

    Pro

    Contributor Level 12

    Answered . Trespassing is not a crime of domestic violence unless it was used as a plea bargain and a real domestic violence case was negotiated away and trespassing was used as a substitute.

  4. Nancie Yomtov

    Pro

    Contributor Level 10

    Answered . Your use of the word "trespassing" is not clear, Is the other party coming to your home and spying on you, for example. You need to be more clear about the actions complained of before anyone could provide any guidance.

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