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(559) 226-5298
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(559) 226-5298

Domestic Violence Restraining Orders

"False allegations of child abuse or neglect will be punished by the court"
" During the upset and anger following a breakup, sometimes a person falsely makes claims of child abuse and/or neglect accusations against the other parent to seek temporary but immediate advantage in the initial custody conflict".
"Because the court must consider all allegations of neglect or abuse in making its custody and visitation order, such claims may cause the court to give child custody to the complaining parent, and give only supervised visitation to the alleged abuser. However, so many false claims have arisen during child custody disputes that the California Legislature has enacted some serious punishments against those who knowingly lie to the
court".

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Domestic Violence is a long-standing cultural problem that results in physical and emotional injuries to partners.  Even if the children themselves are not physically injured, watching it emotionally damages CHILDREN.  The parenting – good or bad - that they see and hear may be the model they will remember though their lives.  Your son may someday think it is natural or normal to hit his girlfriend.  Your daughter may someday think it is normal for her man to hit or slap her.  The events YOU suffer in the children’s presence echo down the long halls of their lifelong memories.  That is why it is so important to STOP PUTTING UP WITH IT.
Organizations like the Marjorie Mason Center (http://mmcenter.org/) provide free counseling and sometimes emergency shelter.  The office of Kenneth Cavin provides an experienced, qualified trial attorney to convince the court to order the Restraining Orders that make any the abuser’s future contact, phone calls and texts a crime.
Communications are not normally a crime. However a Restraining Order prevents the abuser from contacting you by any means. It also prevents the abuser from coming close enough  to assault, stalk or threaten you again. Assault and battery are already against the law.  One of the penalties of a violation of a restraining order is that it multiplies the criminal penalties if the abuser does assault you again.  Keeping the perpetrator away decreases your fear. 
You must remember that the circle of violence from generation to generation can be broken.  Not just for you, but for your children. 
With the laws in place in California you do not need to hide in fear from your abuser.
With the law and a qualified attorney YOU ARE NOT HELPLESS!
False claims of neglect abuse, or access to alcohol, drugs, or pornography are so damaging in custody disputes that the legislature punishes such claims severely.
Three statutes in particular are used to punish the wrongdoer:
  • Family Code Section 3022.5 states that if a parent has been convicted of falsely accusing the other parent of child abuse, that the court shall reconsider its child custody decision. This means that, although she or he may have obtained a custody order of sole custody and supervised visitation to the other parent, once the claim is disproved, the court can immediately reverse or change its original custody order.
  • Family CodeSection 3027.1 states that if, after investigation, the court finds that a party falsely and knowingly claimed the other parent committed abuse or neglect that parent shall pay the attorney's fees and costs of the other party in defending against those allegations, AND monetary sanctions (punishment) for making such false claims.
  • Family Code Section 3027.5 (b) "The court may order supervised visitation or limit a parent’s custody or visitation if the court finds substantial evidence that the parent, with the intent to interfere with the other parent’s lawful contact with the child, made a report of child sexual abuse, during a child custody proceeding or at any other time, that he or she knew was false at the time it was made." 

    However, if the allegations are truthful the complaining parent has nothing to worry about.
    Family Code Section 3022.5(a) states:
  •  No parent shall be placed on supervised visitation, or be denied custody of or visitation with his or her child, and no custody or visitation rights shall be limited, solely because the parent:​​
  •  lawfully​ reported suspected sexual abuse of the child
  •  otherwise acted lawfully,based on a reasonable belief, to determine if his or her child was the victim of sexual abuse
  •  sought treatment for the child from a licensed mental health professional for suspected sexual abuse.
Cavin Law
Family Law Attorney
790 West Shaw Avenue
Fresno, CA 93704
(559) 226-5298
Business Hours
Monday - Friday
8:30am - 4:00pm
Member of
California Bar Association
Fresno / Madera Bar Association
American Civil Liberties Union
Licensed In All Federal Courts