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Thursday, July 29, 2010

Domestic Violence, Custody, and Mel Gibson

Mel Gibson's Custody Battle
We've all heard the ugly tapes of Mel's rants on www.Radaronline.com . We know there is a pending domestic violence investigation.
What does it mean? How does it impact his custody battle for his infant daughter?
The answer is Family Code Section 3044.

Under the law, if the court finds a party to have been a perpetrator of Domestic Violence within the past 5 years there is a very strong presumption that the perpetrator should not share Physical or Legal Custody with the victim-parent. (It is rebuttable, meaning, the burden of proof lies with Mel.)

Thus, if the court finds that you have committed Domestic violence within the past 5 years, there is a rebuttable presumption to be proven by a preponderance of evidence that neither physical or legal custody should be granted to the perpetrator meaning that the victim of the violence will obtain sole physical and sole legal custody.

It may be possible to rebut the presumption under certain limited circumstances.
If you are in a heated custody dispute, REFRAIN from domestic violence. IF there may be allegations, it would be prudent to have witnesses, etc. Consult an attorney.


Harry Grame said...

Thanks for adding this incredible blog post. Glad to read it. Thanks for sharing.
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Elison Duncan said...

A sole legal custody is only way to domestic violence. Physical custody only prove that criminal in the court.

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