The Certified Family Law Specialists at Burke & Domercq have represented the citizens of Carlsbad before our local family law courts in Vista and throughout San Diego for literally decades. Too often we have seen false accusations of child abuse or domestic violence during a divorce or post-decree child custody battle. This is a strategy some parties use to gain leverage during a contentious legal battle, but it is possible to defend yourself, prove the other party wrong and regain the initiative.
The risks of these allegations are quite real. It is a crime in California to cause or allow a child to be physically harmed, emotionally abused, injured or placed in a criminal or dangerous environment. The resulting child endangerment charges could lead to a conviction which would limit or threaten altogether your ability to obtain legal or physical custody. If your former spouse seeks and obtains a permanent protective order against you it can be used against you in your divorce or post-decree child custody action.
If you have been served with a temporary restraining order during a divorce or child custody dispute in Carlsbad or are fighting false accusations of child abuse in a divorce or post decree custody battle you must fight it legally, in Court, if you wish to protect all options regarding legal and physical child custody. This means two things:
1. “No Contact” means exactly that. Do not contact the other party in any way, shape or form. Do not return contact from them even when they initiate it. If they call, text or email do not answer. You cannot attempt to communicate through intermediaries such as family or friends. Avoid all contact to protect your rights.
There will be a formal hearing within 3 weeks of the original temporary restraining order to determine if the order will become permanent. If you are false accusations of child abuse in a divorce or post decree custody battle you must stand up for yourself and hire an experienced and proven attorney to defend you at the hearing. Your ability to spend time with your child and make important decisions regarding their education, healthcare and major issues in their life is in the balance.