Hermosa Beach Domestic Violence Attorney

Domestic violence is a severe issue that requires immediate attention. Victims of domestic violence, or those who fear they might become victims, can seek protection by filing a petition for an injunction for protection, commonly known as a restraining order. To navigate this process effectively, consulting with our Hermosa Beach domestic violence attorney at Baghdaserians Law Group is crucial. Our skilled family law attorneys can guide you through the legal steps, help gather necessary evidence, and ensure your petition is properly filed to secure the protection you need.

Why Domestic Violence Raises in California?

Domestic violence rates can fluctuate due to various factors, and understanding why they might rise in California involves considering multiple aspects:

1. Economic and Social Stressors: Economic downturns, job losses, and financial stress can increase tension within households, leading to higher instances of domestic violence. Social stressors, such as housing instability or lack of access to mental health services, can exacerbate these issues.
2. Increased Reporting and Awareness: As awareness about domestic violence grows and more resources become available, individuals are more likely to report incidents. Improved reporting mechanisms and support systems can lead to more documented cases.
3. Population Density and Diversity: California’s large and diverse population can contribute to higher reported cases simply due to the sheer number of residents. Additionally, various cultural and social factors may impact the reporting and handling of domestic violence.
4. Legal and Policy Changes: Changes in laws and policies influence reporting rates or legal outcomes. For instance, expanded definitions of abuse or increased protection measures can affect how domestic violence is reported and addressed.
5. COVID-19 Pandemic: The pandemic has been linked to a rise in domestic violence globally, including in California. Lockdowns, increased time spent at home, and economic hardships have intensified domestic tensions and reduced access to support services.

Understanding these factors helps in addressing and mitigating the rise in domestic violence, emphasizing the need for comprehensive support systems and legal protections.

Domestic Violence Under California Law

Under California law, domestic violence is defined as a pattern of abusive behavior used by one partner to control or dominate the other within a close relationship. This abuse can manifest in various forms, including physical violence, emotional manipulation, sexual coercion, and financial control. California Penal Code Section 13700 outlines domestic violence as any behavior that causes physical harm, fear, or emotional distress to a partner, which can include spouses, cohabitants, or individuals in dating relationships. The state’s legal framework addresses both the criminal and civil aspects of domestic violence, providing a comprehensive approach to protecting victims and penalizing offenders.

California law offers several legal remedies for victims of domestic violence. Victims can obtain a Domestic Violence Restraining Order (DVRO) to prevent further contact with the abuser, ensure their safety, and manage issues like child custody and property access. Emergency Protective Orders (EPO) provide immediate short-term protection, while Temporary Restraining Orders (TRO) offer protection until a court hearing can establish a more permanent solution. Perpetrators of domestic violence can face criminal charges, ranging from misdemeanors to felonies, depending on the severity of the abuse. Additionally, the state provides resources such as shelters and counseling services to support victims through the legal process and beyond.

How Domestic Violence Can Affect Divorce and Child Custody Cases

Domestic violence can profoundly impact divorce and child custody cases, influencing various aspects of the legal proceedings:

1. Child Custody and Visitation: The primary concern in child custody decisions is the safety and well-being of the child. If one parent has a history of domestic violence, courts may restrict or deny their custody rights to protect the child. Supervised visitation may be ordered to ensure the child’s safety during interactions with the abusive parent. The presence of domestic violence can also lead to a more stringent evaluation of the parent’s fitness and potentially limit their access to the child.
2. Divorce Proceedings: Domestic violence can affect the division of assets and spousal support. Financial abuse, such as controlling or depleting marital assets, can lead to adjustments in how property is divided. A victim of domestic violence may be awarded higher spousal support to help them regain financial stability, particularly if the abuse has impeded their ability to work. Conversely, an abusive spouse may be denied spousal support, especially if their actions are deemed to warrant such a penalty. Additionally, the presence of restraining orders and other protective measures can influence the divorce process by restricting the abuser’s access to shared property and affecting overall legal strategies.

Speak to Our Trusted Lawyers at Baghdaserians Law Group

Speak with our trusted domestic violence lawyers in Hermosa Beach at Baghdaserians Law Group for expert guidance and support. Our experienced attorneys specialize in domestic violence cases and are dedicated to protecting your rights and ensuring your safety. Whether you need assistance with restraining orders, navigating divorce proceedings, or addressing child custody issues, we’re here to help. Call us today at (310) 953-4657 for a confidential consultation and take the first step toward securing the legal support you need.