Monday, August 30, 2021

Domestic Violence TRO, Child Abuse, Custody in CA

Domestic violence cases in CA can be a civil case, as a tort, under CA Civil Code section 1708.6, as a family law issue under FC Section 6200,  the statutes under the CA Domestic violence Prevention Act, or under CA PC Section 273.5 as a criminal case, or possibly both. Usually a domestic violence case under the CA Penal Code may result in criminal charges leading to a Protective Order.

The most common DV (domestic violence) cases are usually heard in family law courts, and will often involve conduct such as alleged bodily injury, threats, assault, keeping one under surveillance, destruction of your property, harass, threaten, etc. For complete definition, see Fam. Code. Sections 6203 and 6320.  In some instances, the police may file charges under the Penal Code, and if granted by Judge, a criminal protective order can pretty much ruin your career, depending on your employer.

 It will usually ruin your chances of being the custodial parent [unless you live in a county where corruption is known/widespread; we have seen judge award children to criminals/child molesters with long history of jail, drugs, and violence.

Criminal informants are legal under federal law, and are widely used in both state and federal cases, see   https://www.abajournal.com/magazine/article/secret_snitches_california_case_uncovers_long_standing_practice_of_planting  .......

        Whether you believe it or not,  in one case the defendant was jailed with bail of over $92,000, and over 102 people placed 911 calls to the police; then guess what?  He already had a current Criminal Protective Order in place--BUT the  criminal was not charged with anything at all--and judge later actually awarded custody to this guy?? (He is or was a criminal informant, and obviously he must have been owed something...) So, one can see that sometimes the system doesn't work the way it should. In this case, the District Attorney chose NOT to file anything against the defendant, despite him breaking the law (as there was already a criminal Protective Order in place!) It is believed that the client will proceed to file a tort claim against the county on that issue.