Domestic Violence, Restraining Orders and Child Custody Proceedings

Allegations of domestic violence as well as sexual abuse often arise during marital dissolution (i.e. divorce) proceedings. It is not uncommon for a spouse or domestic partner to falsely accuse the other spouse or domestic partner of domestic violence or abuse as the relationship is deteriorating and/or in the midst of bitter divorce and child custody proceedings. One motivation for doing so is that under California Family Code section 3044, a parent found to have committed domestic violence or abuse against the other parent and/or the child is the presumed loser in a custody battle. Knowing this, one parent may accuse the other of abuse knowing that this will be an advantage in family law proceedings.

The following are composite examples of cases that Sacramento Domestic Violence Defense Lawyer Jonathan Turner has handled successfully in the past.

Scenario #1 involved a couple with 2 kids on the brink of splitting up. An argument that became physical arose and the police came out to the home and ultimately arrested the father even though he had visible injuries from the clash. The father immediately hired Sacramento Criminal Defense Lawyer Jonathan Turner. Mr. Turner conducted aggressive investigation which ultimately persuaded the prosecutor to dismiss the case because the mother initiated the physical confrontation thus causing the father to only act in self defense. Not only did this aggressive lawyering, which included requesting audio recordings of police interviews and 911 calls, help the father to avoid a felony record and jail time but it also allowed him to successfully fight for custody of their children.

Scenario #2 involved a former couple going through a bitter custody battle over their young child. During those proceedings, the young child accused her father of sexual abuse. As such, the father faced serious felony charges, lengthy prison time and the prospect of never seeing his child again. Fortunately for him, he hired Sacramento Felony and Misdemeanor Lawyer Jonathan Turner. Mr. Turner went on the offensive during the restraining order process which normally accompanies such criminal accusations. During the restraining order hearings, Mr. Turner was able to cross-examine both the child and the mother in such a fashion that he was able to establish that the mother had put the daughter up to making these hideous false accusations against her father. As such, the criminal case was dismissed.

If you are accused of domestic violence or sexual or physical abuse of a domestic partner, spouse or child, it is absolutely crucial that you contact an experienced Sacramento Criminal Attorney like Jonathan Turner. Mr. Turner can guide you through the entire process which may include immediate (domestic violence) restraining order proceedings as well as the complexities of the criminal process including arrest, bail, arraignment, preliminary hearing and trial. Contact Sacramento Criminal Defesne Lawyer Jonathan Turner today for a free consultation before it is too late.