Domestic Violence

Domestic violence is a very serious and potentially deadly problem. If you are a victim of domestic violence, need a restraining order to protect you from domestic violence, and are seeking a divorce or child custody, we are here to help. Likewise, if you are being falsely accused of domestic violence by the other parent to alienate you from your children, our office will aggressively address the false accusations against you.



Our team can help you obtain a restraining order to protect yourself and your children.  Often victims of domestic violence are afraid to report the violence because they rely on the perpetrator for financial support and housing.  The Law Offices of Justin Kirk Tabayoyon can help you get an order preventing the perpetrator from returning to your home, an order for child support, and an order requiring the perpetrator to stay away from you and your children. Once a restraining order is obtained, the court will order the perpetrator to sell their firearms or turn them into law enforcement.

 

In California, upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence against the other party seeking custody of the child or against the child or the child's siblings within the previous five years, there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence is detrimental to the best interest of the child. (Family Code Section 3044). Unfortunately, in addition to protecting children, this statute provides a perverse incentive for false allegations of domestic violence.

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We understands what is at stake and, if necessary, will enlist private investigators and medical professionals to document past abuse or rebut allegations of abuse.