Divorce is challenging. Matters are more difficult when there is domestic violence involved. It is essential to have vital help at your side. Attorney Patrick Baghdaserians is a Pasadena domestic violence lawyer and family law specialist who works in the Los Angeles area.
Attorney Patrick has helped the community’s residents stand up for their rights in the face of violence for over a decade. If you are considering divorcing an abusive spouse, the compassionate attorneys at the Baghdaserians Law Group, Inc. are here to answer questions, discuss your case, and strategize the next steps.
Domestic violence in divorce proceedings must be handled delicately. Our Pasadena domestic violence attorneys understand the precarious nature of marital violence. You deserve discreet, dignified representation. Consult a skilled, experienced divorce lawyer today and schedule your initial case evaluation by clicking here or calling (626) 460-9525.
How Prevalent is Domestic Abuse in Pasadena Divorces
Combatting marital violence has come a long way. There are more resources to help victims of domestic violence and more opportunities to escape an abusive marriage.
Domestic violence in the United States has increased. As fewer co-habituating couples are marrying, statistical data now tracks intimate partner abuse instead of marital abuse. According to the National Coalition Against Domestic Violence (NCADV):
- More than 10 million adults suffer domestic violence a year
- An intimate partner will abuse nearly 20 people per minute
- 1 in 4 men have experienced intimate partner abuse
- 1 in 3 women have experienced domestic abuse by their intimate partner
- Intimate partner violence accounts for 15% of all violent crime
If you are in an abusive marriage and need help, some programs can give you immediate assistance. You can find the resources you need in California by clicking here. They can help you formulate a plan to protect yourself and your children.
If you are in immediate danger, call 911. Next:
- Get you and your children to safety. If your home is unsafe, phone a relative or a friend, or you can check the resources above for other options.
- Once you and your children are safe, you must document all your injuries and any property damage. Take several quality photographs. Write down the events leading up to the violence and write a detailed description of your experience. It can be not easy to relive the experience. However, this evidence is critical. Take pictures of your writing and save everything to multiple sources, like a cloud and a new email account.
- Contact us by clicking here and requesting a domestic violence restraining order.
- Schedule a consultation to discuss the following steps to protect yourself.
Pasadena Domestic Violence Cases: Documenting Your Abuse
Along with taking pictures of your injuries and making notes regarding your experiences of domestic violence, you can further document your experiences by:
- Seeing a doctor: People who are injured in accidents resulting from the negligence of others are routinely encouraged to see doctors in the immediate aftermath of their accidents, even if they don’t think they’ve been seriously hurt. This is because if an accident victim decides to file a personal injury claim later after discovering they sustained harm without initially realizing it, they’ll be more likely to receive the compensation they deserve if they establish a clear link between their accident and their injuries. Establishing this link requires seeing a doctor shortly after an accident. A similar principle applies in domestic violence cases. To show that you sustained injuries as a result of your spouse’s or partner’s violence, you need to seek medical care as soon as possible after being attacked. Receiving immediate medical treatment will also improve your chances of recovering quickly. Be aware that even if you don’t think you’ve been injured, adrenaline could prevent you from noticing the signs of an injury.
- Contacting witnesses: There may be witnesses who can attest to the fact that you’ve been a victim of domestic violence. Be sure to identify them. Remember that some witnesses may be individuals you don’t know, such as neighbors. You may thus need to ask for their names and contact information when listing potential witnesses.
- Save correspondence: Remember, domestic violence doesn’t need to involve physical violence merely. It can also include harassing emails, phone calls, texts, etc. Save these forms of correspondence and all related evidence (such as logs showing you received specific phone calls at certain times) to build a strong case. Depending on the circumstances, some emails, texts, and other forms of correspondence may even contain direct references to acts of physical violence. Or, they may contain threats of physical violence.
- Document how you feel: When keeping a log of instances of abuse, it’s essential to include such practical information as the date and time of the abuse, as well as the specific nature of the abuse. However, it’s also wise to include subjective descriptions of how the abuse made you feel. For example, if your spouse or partner behaved in a threatening way, whether or not their behavior qualifies as abuse can depend on whether they made you feel genuinely concerned for your safety.
All that said, it’s also important to be very careful when documenting abuse. This is because someone prone to violence may react with anger if they discover that you’ve been documenting their behavior without their knowledge.
This is another reason it’s essential to remove yourself and your children from the situation as soon as possible when you’re being abused. You don’t want to risk being harmed because your abuser learns you’ve been building a case against them.
How Domestic Abuse Effects Divorce Proceedings
Issues regarding domestic violence arise in divorce proceedings more often than expected. There is often a misconception that domestic violence is limited to physical attacks; however, it is much broader than that. For example, Family Law Code Section 6320 defines “abuse” as intentionally or recklessly causing or attempting to cause bodily injury, sexual assault, placing a person in reasonable apprehension of imminent serious physical injury to that person or another, and more.
More specifically, Family Code Section 6320(a) includes: “molesting, attacking, striking, stalking, threatening, sexually assaulting, battering … harassing, telephoning, including, but not limited to, making annoying telephone calls, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party…. ”
What constitutes domestic violence is broad and will impact your divorce proceedings.
How a Domestic Violence Conviction Can Affect Your Divorce
In a divorce proceeding, if there has been a criminal conviction for domestic violence by one spouse against another within five years before filing for the dissolution of marriage, there are multiple issues that arise.
First, the offending spouse will typically suffer the following penalties:
- The spouse convicted of domestic violence may be prohibited from receiving spousal support.
- The injured spouse will not have to pay attorney’s fees for the convicted spouse out of their separate property.
- A court may determine that the injured spouse is entitled to up to one hundred (100) percent of the community property interest in their retirement and pension benefits.
Secondly, the court will consider several factors when assigning the community property interest in the injured spouse’s retirement and pension benefits, which include:
- The domestic violence conviction, as well as documented evidence of other instances of domestic violence.
- The duration of the marriage and when, based on documented evidence, incidents of domestic violence occurred.
- The extent to which the convicted spouse’s present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the convicted spouse to devote time to domestic duties.
- The extent to which the convicted spouse contributed to attaining an education, training, a career position, or a license by the injured spouse.
- The balance of the hardships to each party.
- Any other factors the court determines are just and equitable.
If you or someone you love has lived with domestic violence in the marital household, you are not alone. The compassionate domestic violence attorneys of the Baghdaserians Law Group, Inc. will help you stand up for your rights, break the connection to your abusive spouse, and help you recover the means to move on with your life.
When you need a lawyer who can be sensitive to the difficulties you have endured and aggressively protect your best interests, call the Baghdaserians Law Group, Inc.
Why Contact a Pasadena Domestic Violence Attorney Today
Overall, the divorce process can be very overwhelming and stressful. Issues regarding the division of property can make the process much more complicated. When choosing counsel, it is essential to have someone with experience on your side. Attorney Patrick Baghdaserians is an experienced Pasadena domestic violence lawyer and family law specialist who has dealt with an enormity of domestic violence cases.
With over a decade of experience., Principal Attorney Baghdaserians is your best choice for representation. Schedule your consultation with the Baghdaserians Law Group, Inc. today by clicking here or calling (626) 460-9525.