Can a Domestic violence case be denied then filed in family court? 5 Answers as of June 27, 2011

My wife called police and they arrested me as domestic violence. The evidence wasn't enough and DA didn't file it at all. Then she went to family court and filed the same case with them. How she can do that? Also can she get a temporary restoration order for my kid? Thanks.

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
Yes, she can. Get yourself a family law attorney if you intend to dispute this.
Answer Applies to: California
Replied: 6/27/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
She can file for a TRO and will use it in the divorce to try to limit your visitation which (just purely coincidentally and for her, fortuitously) will result in more child support money for her! Isn't it serendipitous how that works (for the one making the false accusation)?! Even if she wins a temporary victory, that is all it will be. Hang in there. There will be subsequent Custody and Visitation Hearings. If not, file them yourself. Always deny the false charges. Always accuse her of making the case up. Always prove that you are not a danger to the child. Demand Mediation. Have a psychological evaluation done, if need be.
Answer Applies to: California
Replied: 6/27/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Family court only deals with civil cases. No criminal DV charges were filed. Remember the burden of proof is lower in civil cases.
Answer Applies to: California
Replied: 6/27/2011
The Chastaine Law Office
The Chastaine Law Office | Michael Chastaine
Family court is different then criminal court with different standards. It is common to have issues brought up in family court that are not prosecuted in criminal court.
Answer Applies to: California
Replied: 6/27/2011
Law Office of Maureen Furlong Baldwin
Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
Burden of proof in civil court is less than beyond a reasonable doubt. If the wife set forth facts in her declaration and attached a police report that the DA did not file on, the judge can sign a restraining order, which he has the right to contest at the court date. It is based on protection of the wife on a temporary basis. He should have his hearing on the restraining order within a few weeks. But again, it is a different burden of proof. Harder to get a criminal conviction than a restraining order
Answer Applies to: California
Replied: 6/27/2011
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