Just wondering if the court is likely to order a batterers program if there was an arrest and admission for battery by the perpetrator, but no charges were filed by the DA. This is a child custody matter and I am trying to at least get 50-50 physical custody based on the fact that the other parent is abusive, but nothing filed and they are trying to get sole physical custody just to collect child support.
In many jurisdictions, the Family Court has wide laterality to order solutions it believes will address issues of concern.
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The Family Court in California can order a batters treatment program if there is a finding of domestic violence. An admission by the perpetrator, will likely allow such a finding, even though there were no charges. If there is a finding of domestic violence against the perpetrator, that person may not have either legal or physical custody of the minor children, as it is presumed not to be in their best interest. (Family Code Section 3044.)
Please be aware that any comments that I have made are preliminary and tentative and not based upon a thorough analysis of your case. I would need additional information and to review the exact documentation to be sure of the above advice. The answer above does not create an attorney/client relationship and does not require me to answer any future questions.
If you prove the other parent is abusive, you should not be asking for a 50/50. You should be asking for custody and giving the abusive parent only limited supervised visitation.
You should meet with a family lawyer as soon as you can to prepare yourself and create a proper plan for your case.
Yes. Otherwise, Family Courts would be prejudiced by bad police work, spousal reluctance to get police involved, and hard cases.
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