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Domestic violence acts can place a family’s safety at risk and cause serious injuries. Sadly, domestic abuse crimes primarily occur in homes where children under the age of 18 are present. Domestic violence is a serious issue and can affect many aspects of your life including divorce, child custody, and other family law-related matters.
If you or a loved one has experienced domestic abuse it is important to seek help. An experienced domestic violence attorney can help you during this trying time. The attorneys at Baghdaserians Law Group, Inc. are a group of experienced divorce and family law attorneys. Our Glendale domestic violence attorneys are here for you if you are a victim of domestic violence going through a divorce or custody issues.
What is Domestic Violence
Domestic violence can occur in a variety of ways including physical, emotional, financial, or psychological abuse. California enacted the Domestic Violence Prevention Act that protects the following classes:
- Blood relatives
- Children
- Grandparents
- Parents
- Partners (current or former)
- Relative by marriage
- Spouse (current or former)
It is not only important to know who can be included in domestic violence actions but also how domestic violence occurs. There are many examples of domestic violence, which include, but are not limited to:
- Controlling aspects of another’s life such as their finances
- Forced sexual acts
- Physical acts such as hitting, punching, scratching, or biting
- Playing mental games such as belittling or name-calling
- Stalking
- Threats
Those accused of domestic violence can face both criminal and civil penalties.
Domestic Violence and Divorce
Domestic violence can and will likely affect divorce proceedings. California is a “no-fault” state, which means those getting a divorce do not need a reason. When filing for a “no-fault” divorce either spouse can submit the papers by stating there are “irreconcilable differences” and can no longer continue with the marriage.
Filing a divorce under the “no-fault” option allows those that have become victims of domestic abuse to divorce their spouse without having to provide evidence of the abuse or a reason why you need a divorce.
Though, providing evidence of abuse will allow you to recover spousal support. A judge will typically side with the victim and limit the abuser’s chances of a favorable outcome—including the split of assets and possessions.
Domestic Violence and Child Custody
After a divorce, California courts prefer when parents have joint legal and physical custody of their children. These agreements allow children to maintain regular and ongoing contact with both parents, which is thought to be in the best interests of children who have experienced a divorce.
A court can intervene and restrict certain parental rights if one parent is a danger to their child. A criminal conviction for domestic violence charges increases the chances of keeping a harmful parent away from their child. A parent can nevertheless petition for exclusive custody in the absence of a criminal conviction. A parent must still give proof to back up their charges of abuse in these situations.
Contact Baghdaserian Law Group
Domestic violence has the power to ruin families, cause serious bodily harm, and cause irreparable psychological trauma. If you have been a victim of domestic violence, it is critical that you understand your legal rights.
Schedule a consultation with Patrick Baghdaserians at the Baghdaserians Law Group, Inc. Our domestic violence attorneys help those throughout the Los Angeles area. Call us today at 626-460-9525 for our Pasadena office or 310- 299-4608 for our Beverly Hills office.
