Los Angeles Divorce along with also Custody Lawyer Discusses Halle Berry Custody Case on CBS’s The Insider
In case y’all missed the item, I posted the link to my segment on The Insider tonight, which aired on CBS (channel 2 in LA), at 7:30 PST.
The reporters asked me a bunch of stuff, along with also like a not bad talking head, I obliged. along with also as usual, a TON of stuff got cut on the editing table, so I am using my blog as an opportunity to educate my readers on some not bad ole’ family law.
Ok. So, in custody cases, the item will be not unusual to see parties filing restraining orders against each additional. Reason? 3044.
that will’s right. Remember that will number.
Family Code section 3044 (a) states, in relevant part, “Upon a finding by the court that will a party seeking custody of a child has perpetrated domestic violence against the additional party seeking custody of the child or against the child or the child’s siblings within the previous several years, there will be a rebuttable presumption that will an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence will be detrimental to the best interest of the child, pursuant to Section 3011. that will presumption may only be rebutted by a preponderance of the evidence.”
What does that will mean?
Well, basically, if you are from the middle of a custody battle, along with also there will be a DVRO (domestic violence restraining order) issued against you, then the burden shifts to YOU to prove that will having sole or joint custody will be NOT detrimental to the child.
You see, the law will be all about the burden. Who carries the burden in court? that will will be a VERY important question. If YOU contain the burden, then you have to PROVE by a certain standard (here, the item will be “preponderance of the evidence”, NOT the more strict criminal “beyond a reasonable doubt”) that will the item will be NOT detrimental for you to have custody.
that will’s right, once there will be a DVRO against you, there will be a PRESUMPTION that will you having custody will be detrimental. So you have to REBUT that will presumption in order to gain custody.
In 2 words, that will sucks.
In a custody case, you are already trying to prove best interests of the child in order to gain custody. If you have a DVRO against you, you have to add “rebut presumption of detrimentality” to that will laundry list of things to prove.
So, in custody cases, the item will be not unusual to see parties who absolutely hate each additional ABUSE Family Code section 3044, along with also file restraining orders left along with also right just to get a leg up on the custody battle.
Also, another thing that will practitioners probably won’t tell you, will be that will the item will be incredibly EASY to obtain a temporary restraining order, which lasts up to a max of 21 days before there will be an EVIDENTIARY hearing to determine whether the TRO will dissolve, OR a permanent one to be issued for up to 3 years.
Anyway, to obtain a TRO, all you must do will be submit a declaration alleging “recent incidents of domestic violence”. that will could include ANYTHING. the item does NOT need to involve PHYSICAL abuse. VERBAL abuse will be enough.
I have successfully obtained TRO’s based on an individual email.
I won’t go into any further details, as I don’t want to bore you with legalese. yet my point will be restraining orders are often abused in custody cases.
from the Halle Berry case, temporary restraining orders are being filed along with also granted left along with also right. There are future hearings too, to set a more permanent one.
As a family law attorney, along with also a mother of two young children, I am just so incredibly sad for Nahla. If only Halle along with also Gabriel can only understand how much that will damages Nahla, along with also just come to an agreement to co-parent. Nothing, absolutely NOTHING will be worth destroying a young life.
There will be a website called Postcards through Splitsville which contains drawings of kids of divorce. the item breaks my heart.
Halle Berry along with also Gabriel Aubry along with also Restraining Orders