San Diego Domestic Violence Attorney

San Diego Domestic Violence Attorney

When you get married, have a child, or move in with someone, you expect to live long and happy lives together. You do not expect to become the victim of domestic violence. However, if you should find yourself dealing with this nightmare scenario, it is important to remember that help is available.

An experienced family law attorney, like those here at the San Diego Divorce Lawyers, APC in San Diego, can help you resolve your situation. Don’t hesitate to contact us for help today at (619) 866-3756

How Our Experienced Attorneys Can Help You if You Are the Victim of Domestic Violence

At the San Diego Divorce Lawyers, APC, we pride ourselves on being an effective advocate for the victims of domestic violence. When you enlist our help, we will:

Walk You Through Your Options

Being physically attacked or otherwise abused by an intimate partner can be a traumatizing experience. When it happens, you may not know how to react or what to do next.

Fortunately, our lawyers have been working within the legal field for years.

We can provide you with an overview of your possible routes forward and let you know which option we think is the best fit for your situation.

Help You Obtain a Restraining Order

If you or your child are in immediate danger, the lawyers here at the San Diego Divorce Lawyers, APC, can help you file for an Emergency Protective Order (EPO). This restraining order will protect you for five days while we work with you to find an order that will keep you and your family members safe for a longer period of time.

The long-term solutions that may be available to you include:

  • Domestic Violence Temporary Restraining Order: This order will initially be issued for a period of three weeks. However, it can be extended to remain in effect for up to 3 years.
  • Civil Harassment Restraining Order: This order can prevent your abuser from stalking or harassing you.
  • Criminal Protective Order: This order makes it illegal for your abuser to contact you in-person, online, over the phone, and through the mail. They may only speak to you through your attorney.

Help You File a Police Report

Some domestic abuse situations can be resolved civilly. However, if your partner has a long history of violent behavior, you may wish to report them to the police instead.

Our legal team has helped countless clients report their abusive partners to the authorities. When you hire us, we can help you gather evidence to prove your claims and walk you through the questions that the police are likely to ask when you file your report.

Do you need the assistance of a San Diego Divorce Lawyers, APC family law attorney? If so, please do not hesitate to reach out and set up a consultation at our San Diego law office.

Domestic Violence: Understanding the Statistics

In the state of California, domestic abuse and violence against women happen with a frightening degree of regularity. According to a report published by the California Partnership to End Domestic Violence:

  • 40% of women in California experience domestic violence at least once in their lifetime.
  • 75% of domestic abuse victims have a child under the age of 18 in the home.
  • 150,000 domestic violence victims seek assistance from hotlines funded by the state of California each year.

The California Department of Justice offers even more shocking statistics. According to its data:

  • Domestic violence accounts for 5% of all homicides in California.
  • Almost 175,000 domestic violence-related calls for assistance were made to law enforcement in California in 2007.
  • 40% of those calls involved the use of a weapon.

If you are one of the thousands of women in California who have suffered domestic abuse in the last year, please contact the San Diego Divorce Lawyers, APC. We can provide you with the advice and guidance you need to resolve your situation.

Common Examples of Domestic Abuse

Sexual violence and abusive behavior can manifest itself in a wide variety of different ways. A brief list of some of the most common examples of domestic abuse would include:

  • Intimidation
  • Threatening text messages
  • Angry phone calls
  • Physical abuse
  • Controlling behaviors
  • Emotional abuse
  • Economic abuse
  • Forced isolation
  • Stalking
  • Sexual assault

If you are in an abusive relationship and require legal help, please reach out to the team here at the San Diego Divorce Lawyers, APC in San Diego as soon as possible. We are always ready, willing, and able to assist.

Steps to Take if You Are the Victim of Intimate Partner Violence

There is no one-size-fits-all solution for victims of domestic violence. Resolution techniques that may work well for one person may not be as effective for the next. However, if you are the victim of this type of abuse, you may find the following tips helpful:

Call the National Domestic Violence Hotline

Many domestic abuse victims find the National Domestic Violence Hotline to be a huge support as they deal with their situation. The hotline is completely free and will provide you with advice and assistance regardless of your age, gender, or sexual orientation.

Reach Out to the Office on Women’s Health

The Office on Women’s Health is run by the U.S. Department of Health & Human Services. It is a vital resource for females of all ages who are dealing with an abusive partner. There is no cost to reach out to the Office on Women’s Health.

Find a Support Group Near You

Victims of crime often find it helpful to speak with others who may be going through the same experiences as them. There are dozens of support groups throughout San Diego that would be more than happy to have you come and speak with them about your domestic violence situation.

Enlist the Help of an Experienced Family Law Attorney

If you are married to or have a child with your abuser, you would be wise to find an experienced lawyer as soon as possible. Doing so will make the divorce or child custody process much more manageable.

At the San Diego Divorce Lawyers, APC in San Diego, we know that domestic violence affects people from all walks of life. To have us help you with your situation, just give us a call or contact us online to set up a consultation with one of our attorneys.

How Domestic Violence Can Impact Your Divorce

The state of California treats domestic violence convictions extremely seriously. Such a conviction may impact your impending divorce in the following ways:

Spousal Support

Spousal support (otherwise known as alimony) is financial assistance that helps the recipient maintain their current standard of living after a divorce. These payments may be temporary, or they may continue until one party passes away.

If your spouse has been convicted of committing domestic violence against you within the last five years, California courts typically presume that they should not be entitled to any spousal support.

This presumption is not absolute, however. Your spouse is free to present the court with evidence to show that they should receive alimony if they so wish.

Division of Assets

In most divorces, assets such as houses, cars, and bank accounts are split evenly between both parties. If your spouse has been convicted of domestic violence, however, there is a chance that the court will decide to award them less than 50% of your marital assets.

If, for instance, your spouse’s abusive actions caused you to incur medical bills or forced you to leave your job, the court may rule that your marital assets were unreasonably depleted. To make up for this depletion, the judge can choose to award you an increased portion of the marital assets – decreasing your spouse’s portion in the process.

Should you have any additional questions about how domestic violence may impact your divorce, please reach out to the team here at the San Diego Divorce Lawyers, APC. Our experienced attorneys can provide you with the answers you need.

How Domestic Violence Can Impact Your Child Custody Battle

As you might expect, domestic violence convictions can have an enormous impact on child custody battles. California courts typically find that a parent who engaged in domestic violence against their child or the other parent should not receive custody of their child.

However, domestic violence convictions do not disqualify a parent from being granted some form of custody forever. Courts may choose to award partial custody to parents who have been found guilty of domestic violence if they have:

  • Completed a treatment program
  • Completed a parenting class
  • Complied with any restraining orders that were issued against them
  • Completed a drug or alcohol program
  • Complied with the terms of their probation or parole

At the San Diego Divorce Lawyers, APC in San Diego, we know that child custody battles can be complex and confusing. To have us help you with yours, just give us a call and schedule a consultation with one of our knowledgeable attorneys.

San Diego’s Premier Domestic Violence Law Firm

The lawyers here at the San Diego Divorce Lawyers, APC, have been helping the people of San Diego resolve their challenging domestic violence situations for years. We would love to do the same for you. To set up an initial consultation with a member of our team, all you need to do is give us a call or send us a message through our online contact form.