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Domestic Violence
- How it affects custody: The Family Code Section 3044 states that a perpetrator of domestic violence is presumed unfit so this person will not have joint legal custody absent a judge stating why the presumption should not apply.
- Temporary restraining orders can be issues with or without a hearing. The court will set the hearing within 25 calendar days of the issuance of the order.
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Permantent Orders are heard withi 25 days of the issuance of the temporary order. The restrained person may ask for a continuance, and should if unprepared. Some individuals proceed with the hearing and receive a permanent order, and then they wish to fight it. This is usually too late, and very costly. Get a continuance to be prepared.
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A permanent order goes into the system knows as Criminal Law Enforcement Tracking System (CLETS").
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Violating a restraining order could subject a person to criminal charges. It rare;u a defense if the protected person initiates contact either by phone, in person or another manner with the restrained person. Telling a police officer that "she invited me over" is not a good defense.
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