Frequently Asked Questions about Domestic Violence

Los Angeles Domestic Violence Attorney

Will a domestic violence charge affect matters of child custody?
Under law, California courts must consider any history of domestic violence when considering issues of child custody, visitation, child support and spousal support. Though a court will likely not grant primary custody to a parent who has engaged in documented abusive behavior, it generally requires corroboration of such allegations such as police reports, third party testimony or photographic evidence. It can be critical to have the assistance of a knowledgeable Los Angeles domestic violence lawyer in these cases.

Can charges be dropped on request of the victim?
If, for instance, a heated spousal exchange led to an arrest and the victim later decides they do not wish to press charges, it is not as simple as it may seem to bring the episode to a close. Only the District Attorney has the power to drop charges, and that is unlikely to occur. Since many cycles of abuse have occurred in the past due to this very scenario playing out, prosecutors generally feel it is in the best interest of all parties involved to let courts sort through matters of domestic violence.

What happens if the court issues a temporary restraining order?
The maximum length that a domestic violence temporary restraining order (DVTRO) can last is 21 says. You will be required to do certain things by this legal order such as moving out of the jointly occupied home, abiding by any temporary custody orders and turning in firearms to police. You will also be restricted from making any contact with the other involved party. Such an order must be served to you by a person over the age of 18 and not covered by the order or a representative of the sheriff's department.

If I am arrested, what should I do?
Like any other matter involving law enforcement, you should be read your Miranda rights and it is in your best interest to remain silent and make immediate contact with an attorney at Takakjian & Sitkoff. We can ensure that your legal rights are fully protected and that you are given a strong and swift legal advocacy through this sensitive matter.

Contact a Los Angeles domestic violence attorney as soon as possible to procure exemplary legal counsel.