Legal Question in Family Law in California
Me and my husband got into a fight while we were drinking and i hit him how long does he have to file charges? He is verbally abusive and is now threating to file charges against me, get divorced and take away my son. If we get divorced would he have more of an advantage on custody due to this incident?
1 Answer from Attorneys
Its hard to say what the effect of an incident of domestic violence would be. The husband can file for charges at any time, however the longer he waits the less likely the police will take the issue seriously and press charges. Additionally as for the child custody isse, it may raise itself, however the court likes to see that there was a record of domestic violence, instead of accustations that have no evidentiary basis.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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