By: Puja Sachdev, a Certified Family Law Specialist, skilled litigator, and a trained private mediator for family law matters in San Diego County.
A Domestic Violence Protective Order (DVPO) issued in family court is much easier to get than a Criminal Protective Order (CPO) issued in criminal court. The burden of proof is lower, and the issues are made more complicated when there are children involved – the children may or may not be included on the restraining order.
As an experienced family law attorney, I regularly work with financial issues, dividing property and debt, analyzing income streams, determining support and custody and visitation schedules. All of these issues are based in civil law. A DVPO is a cross-over from criminal law in our family law courts based solely on the intimate or familial relationship between the parties, but it is no less devastating to the life of the accused person.
By working with a skilled criminal defense attorney to defend the allegations at trial, I believe my clients have the greatest chance of proving there is no credible or ongoing threat to justify a restraining order. Criminal defense attorneys, like David and Stefano, are knowledgeable trial lawyers experienced in defending domestic violence charges. During the trial, they take the reins. I am on standby and, depending on the outcome of the restraining order, am prepared to address the issue of custody.
When it is in the interests of my clients and their children, I am happy to take a backseat and let David and Stefano do what they do best.