False Allegations in Domestic Violence Cases: How Courts Evaluate Claims

Family law cases are heavily influenced by allegations of domestic violence. The well-being and safety of your child are the most important considerations for a court to make. A parent’s ability to make decisions in the best interests of a child is impacted even by one incident of domestic violence.

Gilligan, Frisco, Trutanich & Saris, LLP walks alongside clients who have been falsely accused of domestic violence. As experienced California domestic violence attorneys, our team of legal professionals helps clients develop a plan to take on these harmful accusations. We fight for your rights in maintaining your relationship with your children.

How critical an issue is domestic violence in a California family law case?

Domestic violence allegations are among the most critical for a family court to consider. The rights of each parent to make decisions on behalf of their children are balanced against the need to keep children safe from harm. Once an allegation of domestic violence has been made against a parent, those allegations must be investigated.

The California Family Code is clear: the safety of a child is of the utmost importance, even when compared to the custody rights of a parent. Evidence for a court to consider in relation to domestic violence allegations includes police reports, medical records, and the parents’ history (if any) of domestic violence.

What is considered domestic violence in a California child custody case?

It is not only physical acts of harm that are treated as domestic violence in California. A variety of harm caused by a parent towards a child is considered, including:

• Threats, stalking, or harassment
• Emotional abuse
• Destroying property
• Physical harm or attempted harm

Being able to distinguish between these grounds for a domestic violence finding is crucial in a California child custody case. A skilled California domestic violence attorney helps their client by identifying potential sources of liability in a child custody case. From there, the attorney works with their client to develop a plan that meets these allegations head-on and challenges their false nature.

Domestic violence allegations and divorce in California

In a divorce scenario, a court may issue a temporary restraining order against you if an allegation of domestic violence has been made. This order may force you out of your home, restrict who you can talk to and where you can live, and bar you from contact with your children for the time being.

Whether in a child custody or divorce case, defending yourself from false domestic violence allegations takes intentionality. The attorneys with Gilligan, Frisco, Trutanich & Saris, LLP help clients quickly obtain a hearing date to dispute these false allegations to the family court judge.

Contact Gilligan, Frisco, Trutanich & Saris, LLP today for a free consultation

You should not face false allegations of domestic violence alone. With so much at stake in a family law case, trust the experience and savvy of a California domestic violence attorney. Free consultations are available today by contacting our office.