Burbank Domestic Violence Attorneys

Experienced Defense Against Domestic Violence Charges in California

Domestic violence is a very serious matter that needs to be addressed immediately with the help of a family law attorney should it arise. In no circumstances is this acceptable, and if you have been a victim of domestic violence, acting to protect yourself and your children is your only option.

In the case of a divorce, the incident or incidents need to be known about in order to obtain resolutions that will account for this factor. Custody and visitation rights will be grossly affected if domestic violence is on record in the files of the court.

This can help you to keep your children in safe hands and will most likely contribute to a favorable financial settlement. You can then go about building your future free of such destructive behavior. At Fusco & Clarke, we are sensitive to the fact that you are sharing very personal information with us and will always treat you with compassion and respect.

Call our offices today at (818) 672-1562 or reach out online to put our experienced Burbank domestic violence attorneys to work on your case. We fight, and we get results.

Understanding Domestic Violence Laws in California

In the context of California family law, domestic violence is primarily governed by the Domestic Violence Prevention Act (DVPA), found in Family Code sections 6200-6300. Unlike criminal law, which seeks to punish a defendant, the family law side focuses on the "prevention" of future acts of abuse through the issuance of a Domestic Violence Restraining Order (DVRO).

A domestic violence lawyer in Burbank must help clients understand that "abuse" in family court is defined much more broadly than in criminal court.

Under the DVPA, abuse is not limited to physical hitting. It includes:

Intentionally or recklessly causing bodily injury.
Sexual assault.
Placing a person in reasonable apprehension of imminent serious bodily injury.
Disturbing the peace of the other party, which can include coercive control, harassment, stalking, or destroying personal property.

Because the definition is so broad, many individuals find themselves served with a restraining order based on heated arguments or "disturbing the peace" rather than physical violence. Our firm specializes in dissecting these claims to ensure the court sees the full context of the situation.

Key Elements the Petitioner Must Prove

In family court, the person seeking the restraining order (the petitioner) only needs to prove their case by a preponderance of the evidence—meaning it is "more likely than not" that the abuse occurred.

As your Burbank domestic violence attorneys, we focus on challenging the following elements:

A Qualifying Relationship: The parties must be married, formerly married, cohabitating, dating, or have a child together.
An Act of Abuse: The petitioner must show a specific recent act that fits the legal definition of abuse under the DVPA.
The Need for Protection: The court must believe that an order is necessary to prevent future acts of domestic violence.

If we can demonstrate that the allegations are exaggerated, taken out of context, or fabricated to gain an advantage in a custody battle, we can often prevent a permanent order from being issued.

The California Family Law Process for Domestic Violence Charges

The process for a restraining order in Burbank moves much faster than a standard divorce. It typically follows this timeline:

The Ex Parte Request: The petitioner files a request for a Temporary Restraining Order (TRO) without you being present. A judge usually decides whether to grant this on the same day.
Service of Process: If a TRO is granted, you will be served with papers notifying you of the orders and the upcoming hearing date. This order usually goes into effect immediately.
The Response: You have the right to file a written response. Our firm uses this opportunity to present evidence, witness declarations, and counter-arguments to set the stage for the hearing.
The Restraining Order Hearing: Usually held within 21 to 25 days of the TRO, this is a "mini-trial" where both sides testify. Your domestic violence lawyer in Burbank will cross-examine the petitioner and present your defense.
Issuance of Permanent Order: If the judge finds abuse occurred, they can issue a "permanent" order lasting up to five years.

Defending Against False Domestic Violence Claims

It is a sad fact that false accusations of domestic violence can occur in the midst of a divorce case when one party wants to injure the reputation of the other. This is most often done in order to gain an advantage in child custody matters.

If you have been accused of such an act or implications have been made to that effect, you need to let your attorney know immediately.

Our firm can ensure you are set up with the representation you need to defend against any potential charges. At the same time, we can work to counteract any effect this was calculated to have on your divorce proceedings.

Our Comprehensive Approach to Domestic Violence Defense

At Fusco & Clarke, we take a holistic view of your case. Our approach includes:

Exposing Strategic Litigation: Unfortunately, some parties use domestic violence allegations as a "sword" rather than a "shield" to secure house possession or full custody. We are skilled at identifying and exposing these motives to the court.
Evidence Collection: We gather digital evidence, such as text messages, social media posts, and voice recordings, that can provide a different narrative than the one presented by the petitioner.
Preparation for Testimony: Most restraining order cases hinge on who the judge finds more credible. We spend significant time preparing our clients to testify clearly and calmly.
Protecting Parental Rights: Even if a restraining order is granted, we fight for "step-up" plans and supervised visitation to ensure you remain a presence in your children's lives while we work to rebuild your legal standing.

Why Choose Fusco & Clarke for Your Domestic Violence Defense

Choosing Burbank domestic violence attorneys who specialize in family law is critical when your parental rights are at risk. Fusco & Clarke offers a unique advantage through our board-certified family law specialist. This certification is only held by a small percentage of California attorneys and signifies a high level of expertise in complex family litigation.

With over 60 years of experience, our firm has the institutional knowledge to handle the most volatile high-conflict cases. We don't just see a case number; we see a family in crisis. We provide the steady hand and aggressive advocacy needed to protect your future, your assets, and your bond with your children.

Reach out to our Burbank family law attorneys today at (818) 672-1562. We are committed to fighting for your rights and helping you reclaim your life.