Family Code Section 3044

Under California Family Code Section 3044, a person who is convicted of or admits to domestic violence or abuse loses child custody rights. Knowing this, some parties in contentious divorces will attempt to use this to their advantage by falsely claiming or exaggerating the occurrence of domestic violence.

San Jose Domestic Violence Law 

At our firm, the Dominion Law Group, we take accusations of family violence against our clients very seriously. If one of our clients is accused, and that client wishes to retain all of his or her child custody rights, our attorneys challenge those allegations using all of the tools we can and which are appropriate under the circumstances.

Successfully Challenging Family Code Section 3044

Our overriding goal in cases involving Section 3044 is to preserve and protect our clients' custody and visitation rights. That means never stipulating to a restraining order, and assertively challenging the imposition of such an order.

We believe that the best way to overcome a false or exaggerated domestic violence allegation is through documentation which disproves or discredits the allegation. Often, their work uncovers evidence which puts the events surrounding the alleged act of abuse in context. This in turn can lessen the emotional impact on the court of a domestic abuse allegation.

In these efforts, we use skilled investigators who are experienced in domestic violence allegations. The evidence they develop can prove instrumental in protecting our clients' rights during child custody negotiations or, if need be, at trial.

For a consultation with the Dominion Law Group, call (408) 288-5592, or contact us online.

Related Content: Domestic Violence and Child Custody | San Jose Domestic Violence Lawyer