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Domestic Violence in Front of Children

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  • 01-07-2013, 04:30 PM
    fairca
    Domestic Violence in Front of Children
    My question involves a child custody case from the State of: CA

    I had an misdemeanor domestic violence to my ex-wife. In the final trial in April 2012 last year. My ex and her father lied that the incidence was in front of child. My former lawyer did not show the judge the critical evidence that the blood sign was in the 1st floor while my boy was in the 2nd floor. My ex and her father both said the child was in the 2nd floor when the incidence happened. The judge finally agreed with my ex that the incidence was in front of my boy in the 2nd floor. How can I argue about this point and show the evidence by myself?

    I have to do this because in last mediation 4 months ago, the judge told the mediator to consider the fact that the incidence was in front of child. I was thinking it is not relevant. But obviously the judge think it a factor to decide custody issues about my boy. I am going back to the court again in 2 weeks. How can I point this issue out? I have no lawyer helping me now.

    Please help! Many thanks!
  • 01-07-2013, 04:44 PM
    llworking
    Re: Domestic Violence in Front of Children
    Quote:

    Quoting fairca
    View Post
    My question involves a child custody case from the State of: CA

    I had an misdemeanor domestic violence to my ex-wife. In the final trial in April 2012 last year. My ex and her father lied that the incidence was in front of child. My former lawyer did not show the judge the critical evidence that the blood sign was in the 1st floor while my boy was in the 2nd floor. My ex and her father both said the child was in the 2nd floor when the incidence happened. The judge finally agreed with my ex that the incidence was in front of my boy in the 2nd floor. How can I argue about this point and show the evidence by myself?

    I have to do this because in last mediation 4 months ago, the judge told the mediator to consider the fact that the incidence was in front of child. I was thinking it is not relevant. But obviously the judge think it a factor to decide custody issues about my boy. I am going back to the court again in 2 weeks. How can I point this issue out? I have no lawyer helping me now.

    Please help! Many thanks!

    If the domestic violence was bad enough that there was "blood sign" anywhere in the home, and the child was present in the home, I would suspect that a judge would consider that "in front of a child".
  • 01-08-2013, 09:35 AM
    cdwjava
    Re: Domestic Violence in Front of Children
    Quote:

    Quoting fairca
    View Post
    My question involves a child custody case from the State of: CA

    I had an misdemeanor domestic violence to my ex-wife. In the final trial in April 2012 last year. My ex and her father lied that the incidence was in front of child. My former lawyer did not show the judge the critical evidence that the blood sign was in the 1st floor while my boy was in the 2nd floor. My ex and her father both said the child was in the 2nd floor when the incidence happened. The judge finally agreed with my ex that the incidence was in front of my boy in the 2nd floor. How can I argue about this point and show the evidence by myself?

    How was there BLOOD in a MISDEMEANOR domestic violence battery???? That should have been a felony! I take it, then, that you agreed to a plea bargain to the misdemeanor?

    Quote:

    I have to do this because in last mediation 4 months ago, the judge told the mediator to consider the fact that the incidence was in front of child. I was thinking it is not relevant. But obviously the judge think it a factor to decide custody issues about my boy. I am going back to the court again in 2 weeks. How can I point this issue out? I have no lawyer helping me now.

    Please help! Many thanks!
    ANY domestic violence is going to be relevant to custody and visitation whether in the immediate presence of the child or not. The fact that the child was IN the home at all is going to play a HUGE part in any consideration.
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