Domestic Violence – FAQs

1. I was arrested for domestic violence, but the charges were eventually dropped. Will employers be able to see this?

No. California law prohibits arrests that do not lead to conviction, BUT if you have been arrested and final judgment is pending, employers CAN see this information.

2. I have been convicted of domestic violence. Do I have any chance of getting custody of my child?

It is possible. In determining child custody, the court’s primary consideration is the best interest of the child? If you can show that you have successfully completed batterer’s treatment, drug or alcohol counseling, probation or parole, and you are financially and emotionally secure, you have a greater chance of convincing the court that you are fit to share custody of the child.

3. What happens if the court has granted my request for a domestic violence restraining order, but the respondent (person who is being restrained) keeps violating the order?

You must contact law enforcement immediately and every time the respondent violates the order. A domestic violence restraining order has the force of law, and intentional violation of a restraining order is a crime. Be sure to keep a copy of the domestic violence restraining order with you at all times.

4. If a person files a domestic violence restraining order against me, but then the person and I reconcile and live together, is the restraining order automatically cancelled?

No. Even if you and the person reconcile, living together still violates the restraining order, even if you come into contact with the person’s consent. The person must file a request for dismissal of the domestic violence restraining order, and the court must grant it, before you are legally allowed to live with the person.

5. I accused my spouse of domestic violence, and the prosecution initiated a criminal investigation and filed charges. Now my spouse and I have reconciled and I want to dismiss the charges and end the criminal investigation. Is this possible?

No, once the prosecutor has initiated a criminal investigation and filed charges, only the prosecutor can dismiss the charges, even if you do not want to continue or will not cooperate with the criminal investigation.

If you have are a victim of or have been accused of domestic violence, you will need a skilled Southern California family law attorney to clearly explain your rights and vigorously represent you in court. At Wallin & Klarich, we have helped people dealing with domestic violence issues for over 30 years. Call us today at (888) 749-7428. We will be there when you call.