ONCALL
...Family Law
......Domestic Violence
 16 Cards On This Topic:
  • FC §3044 creates a mandatory checklist when finding the presumption against joint custody after DV has been rebutted; if the reasons cannot be given orally, the trial ct. must give them in writing.
  • PC §1203.097(a)(1) does not circumscribe the court's authority under PC §1203.3 to terminate probation that was previously imposed on a defendant for DV.
  • FC §6203 does not impose strict liability—intent to injure is required for DVRO.
  • Damaging property while alone and venting some anger did not warrant issuance of DVRO.
  • W’s reading and disclosing H’s text messages to a few friends was not “disturbing the peace” under the DVPA.
  • Because there is no duty for an appellate court to search the record for evidence, it may disregard any factual contention not supported by a proper record citation.
  • Order modifying parenting plan did not amount to a change in custody.
  • DVRO properly renewed where Mother's apprehension of further DV was genuine and reasonable.
  • Court's modification of parenting plan, in conjunction with renewal of DVRO, considered best interest of C and was not unconstitutionally vague or overbroad.
  • Criminal protective order properly included defendant's daughter where he pled to lewd and lascivious acts only involving his niece, but some evidence showed abuse against daughter.
  • Family ct. has jurisdiction to renew a domestic violence restraining order initially granted by juvenile ct.
  • Criminal protective order may prevent husband from initiating any contact whatsoever with wife, but should be modified to allow wife to initiate contact with husband that is acceptable and welcomed by her.
  • Once the juvenile ct. terminates jurisdiction, the family ct. assumes jurisdiction over restraining orders issued in the juvenile ct. and may renew them.
  • Once the juvenile ct. terminates jurisdiction, the family ct. assumes jurisdiction over restraining orders issued in the juvenile ct. and may renew them.
  • H's act in GA of sending a mock suicide video to W in CA was of a nature that was "exceptional" and subject to "special regulation," warranting the issuance of a DVRO.
  • A victim of physical aggression may employ reasonable force to defend his or her person or property against the aggressor, even when such reasonable force causes some bodily injury to the aggressor.


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