Family Law

Domestic Violence Restraining Order

Domestic violence issues span from family law proceedings regarding custody and visitation of children to felony criminal cases. The laws in this area have evolved rapidly to severely sanction an abusive spouse, and protect the victimized members of the family.

Victims of Violence or other Abuse

If you are a victim of violence or other abuse, do not minimize or rationalize the threat to you or your children. Unfortunately, abuse tends to get worse if not addressed. Use Raskin & Tee, or any appropriate means to protect yourself with a restraining order. Police officers responding to domestic violence allegations can provide you with information for emergency assistance. Raskin & Tee frequently becomes involved in cases well after governmental help has begun the process.

The City of San Diego has a large Domestic Violence resource center (The Family Justice Center) which you are encouraged to visit for additional information. Do not rest the hope of your future in the hands of an abusive spouse or partner.

False Allegations

Unfortunately, the power of the laws protecting victims of domestic violence can be abused. Facing a false allegation of domestic violence can leave a spouse feeling betrayed from every direction, seemingly with nowhere to turn. The sanctions for domestic violence are many, and often destroy careers. Even if no criminal case is filed, restraining orders appear on "RAP" sheets and presumptions against custody and visitation can destroy a relationship between parent and child. You should immediately consult a lawyer before making any statements to anyone regarding these allegations. Your lawyer must recognize the double-threat you face in both the Family Law case and criminal prosecution. Do not assume that you can "talk your way out of" suspicion. Any statement made, for any purpose, could be harmful. There will be a time to explain, later, under the guidance of a lawyer who knows how to protect you.

Fabricators of abuse allegations are similarly "punished" with presumptions negatively affecting custody (and potentially criminal charges). You should work very closely with your lawyer to properly define the scope and threats of violence in your case.

Raskin & Tee has a rare and helpful advantage in these matters. We have experience working with the many agencies involved and have a reputation for zealous representation of our clients, whether they be victims or accused of domestic violence.

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