Legal Question in Family Law in California
Domestic Violence
I am not an abuser. I had emotional reactions to a bad relationship with my daughter's mother. I hit her one time and then a year later, hit her another time, both times, one strike, the second time just open pawed on top of her head. The first time she hit me too but I hit first. Both times I got counseling immediately on my own volition. Both times I stayed away for a couple of days, and both times we decided to work it out, or rather she allowed me back in. Both times there was no serious physical damage, both times law enforcement or CPS were not called. Our Family Court case is not finished. At the first hearing she used excessive allegations of these incidents to gain favor, claiming Police had been called. I said where's the proof? She had none, all this after three years of being separated and there having been no problems. At that point it had been 4 and 5 years since the incidents, and now it is 9 and 10 years since, respectively. Our case in open ended and I fear her continuing to use false claims since already the Judge has biased against me. I see our daughter, I'm an outstanding Father, I mean that. We have a close bond and she is very happy. Shoud I fear going back into court with all this? The DV industry is vile!
2 Answers from Attorneys
Re: Domestic Violence
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Re: Domestic Violence
Domestic Violence creates one strike against you but does not rule the final determination. You have a San Diego zip code and if it has been 4 or 5 years the judge has almost certainly changed in your case. You should make decisions based upon the best interest of the child. After 4 or 5 years the timeshare should probably change because she should be spending more time with you. I would suggest that you should file the motion and that you will be happy with the results. Good Luck, Pat McCrary
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