Charges of domestic abuse in California carry serious consequences in both criminal and family courts, and once proven can result in personal conduct restraining orders, restrictions on or loss of child custody or visitation privileges, loss of the right to receive spousal support, penalties and fines, and in some instances jail time. Attorney Sam Christopher Allevato has successfully represented hundreds of clients in domestic violence matters in Orange County and surrounding counties for more than 13 years.
Allegations of domestic violence are very serious. If true, they affect the victim not only physically but also mentally and emotionally. If untrue, the person against whom the allegations were made is called upon to defend him/herself in a spurious proceeding. In addition to it being a civil matter, California also imposes criminal liability on persons who have perpetrated domestic violence and who have violated an abuse prevention order.
At the Law Offices of Sam Christopher Allevato, Attorney at Law we provide knowledgeable and caring yet aggressive and effective representation for our clients in the Southern California Area. Whether you are alleging that you and/or your child is the victim of domestic violence, or you are facing accusations of such abuse, we have years of experience and are well-equipped to counsel clients on abuse prevention orders. When you entrust your case to us, we will take the immediate steps necessary to ensure that your rights are protected.
California defines “domestic violence” as abuse perpetrated against a spouse, former spouse, cohabitant, or former cohabitant. Abuse inflicted by one’s current or former dating partner or fiancé is also domestic violence, as is abuse committed against the parent of a child by the other parent. California also extends its recognition of domestic violence to abuse committed by extended family members, provided the abuser and the victim are related in the second degree by either blood or marriage.
We can counsel you through the complicated legal waters of domestic violence prevention in California.
The California Prevention of Domestic Violence statutes are designed to prevent abuse between family members, household members, and dating couples. The statutes protect both same-sex and opposite-sex couples. Victims of domestic violence may request that the Court issue a protective order to prevent future abuse. A parent may apply for the order on behalf of a child, or the child, if age 12 or older, may appear in court and independently seek such an order.
The Law Offices of Sam Christopher Allevato, Attorney at Law maintains a network of professional resources, including therapists, to assist clients in breaking the cycle of violence.
Assistance with Domestic Violence as it Relates to Children in the Home
Children who live in homes where domestic violence occurs, not only witness the abuse but suffer psychological effects. Oftentimes, a vicious cycle occurs and the children grow up to become aggressive, depressed and abusers themselves. This creates an intergenerational cycle of violent behavior that potentially leads to financial and personal freedoms being jeopardized for years to come.
In California, if the court finds a party to have been a perpetrator of Domestic Violence within the past 5 years there is a very strong presumption that the perpetrator should not share Physical or Legal Custody with the victim-parent. Thus, if the court finds that you have committed Domestic violence within the past 5 years, there is a rebuttable presumption to be proven by a preponderance of evidence that neither physical nor legal custody should be granted to the perpetrator meaning that the victim of the violence would obtain sole physical and sole legal custody.
The presumption may be rebutted under certain circumstances. These factors are:
- Is it in the best interests of the child?
- Did the perpetrator successfully complete a Batterers treatment program?
- Did the perpetrator complete an Alcohol or drug abuse-counseling program?
- Did the perpetrator complete a Parenting class?
- Did the perpetrator comply with the restraining orders?
- Are there further incidents of Domestic Violence?
Let Attorney Sam Christopher Allevato assist you with your domestic violence concerns today in a discrete and supportive fashion.
Discrete and Supportive Assistance in Addressing Domestic Violence Cases
Attorney Sam Christopher Allevato has years of professional experience and leadership in cases involving domestic abuse. Our firm immediately responds when a client requires an emergency order for protection. Those facing domestic violence issues or are in need of immediate legal help anywhere in Southern California, please contact our offices today to discuss your matter.
For a confidential consultation with Sam Christopher Allevato, Attorney at Law call (714) 832-1166 or contact us today online.