Allegations of domestic violence can have immediate and lasting consequences on every aspect of a family law case. Whether you are seeking protection for yourself and your children or defending against false or exaggerated allegations, it is critical to have experienced legal counsel guiding you through the process. At The Soleymani Law Firm, we represent clients throughout Southern California in all matters involving domestic violence restraining orders under California’s Domestic Violence Prevention Act (“DVPA”).

Understanding the Domestic Violence Prevention Act (DVPA)

California’s Domestic Violence Prevention Act, codified in California Family Code sections 6200–6409, was enacted to prevent acts of abuse, protect victims, and provide for a separation of the parties where necessary. Under the DVPA, a court may issue a Domestic Violence Restraining Order (“DVRO”) when there is reasonable proof of past acts of abuse.

Importantly, “abuse” under the DVPA is broadly defined. Abuse is not limited to physical violence or bodily injury. Conduct that may justify a restraining order can include:

• Harassment 

• Threats or intimidation 

• Stalking 

• Destroying personal property 

• Disturbing the peace of the other party 

• Coercive control 

• Repeated unwanted contact 

• Emotional or psychological abuse 

California courts have recognized that conduct which destroys the mental or emotional calm of the other party may constitute abuse under the DVPA. Every case is fact-specific, and courts have broad discretion in determining whether protective orders are appropriate.

Types of Protection Available

A Domestic Violence Restraining Order may include a wide range of protections, including:

• Personal conduct orders 

• Stay-away orders 

• Residence exclusion (“kick-out”) orders 

• Temporary child custody and visitation orders 

• Child and spousal support orders 

• Orders prohibiting firearm possession 

• Attorney’s fees and costs 

Courts may issue emergency protective orders, temporary restraining orders pending hearing, and longer-term restraining orders lasting up to five years or more under certain circumstances.

Domestic Violence and Child Custody – Family Code § 3044

One of the most significant consequences of a domestic violence finding involves child custody rights. Under California Family Code section 3044, when a court finds that a party has perpetrated domestic violence against the other parent, child, or certain other protected persons within the previous five years, a rebuttable presumption arises that awarding sole or joint custody to that person is detrimental to the child’s best interests.

This is commonly referred to as the “3044 presumption.”

The presumption can dramatically impact custody and visitation orders and may affect:

• Legal custody 

• Physical custody 

• Parenting time 

• Supervised visitation requirements 

• Decision-making authority 

Although the presumption is rebuttable, overcoming it can be extremely difficult. Courts consider multiple statutory factors in determining whether the presumption has been rebutted, including compliance with restraining orders, completion of batterer’s intervention programs, criminal history, and the overall best interests of the child.

Because allegations of abuse can substantially alter custody outcomes, it is essential to present clear, organized, and persuasive evidence to the court.

Domestic Violence and Spousal Support

Domestic violence findings may also affect spousal support. California Family Code section 4320 requires courts to consider documented evidence of domestic violence between the parties when determining spousal support awards.

Additionally, Family Code section 4325 creates a rebuttable presumption reducing or eliminating spousal support where the supported party has been convicted of domestic violence against the supporting party within five years before the filing of the dissolution proceeding or while the proceeding is pending.

Attorney’s Fees and Costs – Family Code § 6344

Under California Family Code section 6344, courts have authority to award attorney’s fees and costs in domestic violence restraining order proceedings. The court may order one party to pay reasonable attorney’s fees and costs incurred by the other side based on the parties’ relative financial circumstances and the equities of the case.

An award of attorney’s fees can significantly impact both petitioners and respondents in DVRO proceedings. Courts carefully evaluate the conduct of the parties, the merits of the claims and defenses, and each party’s financial ability to retain counsel.

Representation for Petitioners and Respondents

Domestic violence allegations require immediate attention and strategic legal representation. We represent:

• Individuals seeking protection from abuse 

• Parents concerned about the impact of abuse on their children 

• Clients defending against false or unfounded allegations 

• Parties seeking modification or termination of restraining orders 

• Clients involved in related custody, support, and divorce proceedings 

Our firm understands the sensitive and urgent nature of domestic violence litigation. We work diligently to protect our clients’ safety, parental rights, financial interests, and reputations while advocating effectively in court.

Contact The Soleymani Law Firm

If you are involved in a domestic violence matter, it is important to act quickly. Contact The Soleymani Law Firm to discuss your case and learn how we can help protect your rights and your family.