Palos Verdes Domestic Violence Attorney

Domestic violence refers to a pattern of abusive behavior in a relationship where one partner seeks to control or dominate the other. This abuse can take various forms, including physical, emotional, sexual, or financial harm. Domestic violence is not limited to physical attacks; it can also include threats, intimidation, and other coercive behaviors that create fear and control over the victim.

When facing such situations, it’s crucial to seek help from our Palos Verdes domestic violence lawyer from Baghdaserians Law Group. Our specialized attorneys provide legal assistance to victims, helping them secure restraining orders, navigate the criminal justice system, and protect their rights in divorce or custody disputes. We also represent those falsely accused of domestic violence, ensuring their legal rights are defended.

How Domestic Abuse Can Impact Your Divorce

Domestic abuse can have a significant impact on divorce proceedings, influencing everything from child custody to financial settlements. Here’s how it can affect various aspects of the divorce process:

1. Child Custody and Visitation:
   • Courts prioritize the safety and well-being of children. If one spouse is found to have committed domestic abuse, they may be denied custody or have limited visitation rights. Supervised visitation may be ordered to protect the child.
2. Spousal Support:
   • A victim of domestic abuse may be more likely to receive spousal support, particularly if the abuse has affected their ability to work or become self-supporting. Conversely, an abusive spouse may be denied spousal support, especially if they have a criminal conviction for the abuse.
3. Property Division:
   • In states like California, which follow community property laws, assets and debts are usually divided equally. However, if domestic abuse has resulted in financial harm, such as the depletion of assets, the court may adjust the division to compensate the victim.
4. Restraining Orders:
   • Victims of domestic abuse can obtain restraining orders to protect themselves and their children during the divorce process. These orders can restrict the abuser’s access to the family home, assets, and even contact with the children.
5. Legal Strategy:
   • Domestic abuse often necessitates a more aggressive legal strategy. Victims must secure their safety, which might involve obtaining emergency protective orders and advocating for a favorable settlement or court ruling. Those accused of domestic abuse may need to mount a strong defense to protect their rights, especially in cases of false allegations.
6. Emotional and Psychological Impact:
   • The emotional toll of domestic abuse can slow down the divorce process, as victims may need additional time to recover and make informed decisions. Courts also consider the psychological impact on children when making custody decisions.

In summary, domestic abuse can significantly alter the course of a divorce, affecting custody, support, and the division of assets. It’s crucial for both victims and those accused to seek experienced legal representation to navigate these complex issues and protect their rights.

Types Of Restraining Orders In California

In California, there are several types of restraining orders designed to protect individuals from abuse, harassment, or threats. Each type serves a specific purpose and offers varying levels of protection:

1. Domestic Violence Restraining Order (DVRO):
   • Purpose: Protects individuals from abuse or threats of abuse by someone they have a close relationship with, such as a spouse, cohabitant, or family member.
   • Duration: Can last up to five years, with the possibility of renewal.
   • Coverage: This can include orders for no contact, removal of the abuser from the shared home, and child custody arrangements.
2. Civil Harassment Restraining Order:
   • Purpose: Protects individuals from harassment, stalking, or threats by someone they do not have a close relationship with, such as a neighbor, roommate, or stranger.
   • Duration: Typically lasts up to three years.
   • Coverage: This can include orders to stop harassment, maintain a certain distance, and avoid any form of contact.
3. Elder or Dependent Adult Abuse Restraining Order:
   • Purpose: Protects elders (65 and older) and dependent adults (18-64 with certain disabilities) from physical, emotional, or financial abuse, neglect, or abandonment.
   • Duration: Usually lasts up to five years.
   • Coverage: This can include orders to stop the abuse, remove the abuser from the home, and prevent further contact.
4. Workplace Violence Restraining Order:
   • Purpose: Obtained by an employer to protect an employee from violence, stalking, or serious harassment in the workplace.
   • Duration: Typically lasts up to three years.
   • Coverage: This can include orders to prevent the abuser from contacting or coming near the employee and the workplace.
5. Emergency Protective Order (EPO):
   • Purpose: Provides immediate, short-term protection when law enforcement believes someone is in immediate danger of domestic violence, child abuse, abduction, or elder abuse.
   • Duration: Lasts up to 7 days, giving the victim time to seek a longer-term restraining order.
   • Coverage: This can include orders for no contact, removal from the home, and temporary child custody.
6. Temporary Restraining Order (TRO):
   • Purpose: Offers short-term protection until a court hearing can be held to determine whether a long-term restraining order is necessary.
   • Duration: Typically lasts 20-25 days until the court hearing.
   • Coverage: This can include no contact orders, residence exclusion, and child custody provisions.

Each type of restraining order is critical in protecting individuals from harm. If you need a restraining order, it’s essential to consult with an experienced family law attorney to ensure you obtain the appropriate protection for your situation.

Consult with Our Palos Verdes Domestic Violence Lawyers

If you’re dealing with domestic violence, it’s essential to have expert legal support to navigate your situation effectively. Our Palos Verdes domestic violence lawyers at Baghdaserians Law Group are here to provide the guidance and representation you need. Whether you require a restraining order, help with custody issues or assistance with any other legal matters related to domestic violence, our experienced team is ready to help. Call us today at (626) 460-9525 for a confidential consultation and take the first step toward securing your safety and rights.