If you are the victim of Domestic Violence seek immediate help from Domestic Violence Attorneys in Lancaster, Ca before you are overwhelmed. If you are married to the abuser, you need a Restraining Order Lawyer in Lancaster, CA. Choose a Divorce and Family Law Lawyer in Antelope Valley, Ca who is experienced and skilled. California custody law presumes that awarding custody of a child to a domestic violence perpetrator is not in the best interests of the child. You do not have to withstand the physical and emotional abuse from your spouse. It is especially detrimental to your children if they witness the violence. They may be scarred for life. Contact our Restraining Order Lawyers in Antelope Valley, Ca to see if we can obtain temporary possession of the family residence for you and the children. If you are the non-working spouse, the court may order the other spouse to pay the monthly expenses. There are also circumstances in which a victim of domestic violence leaves the house without taking the children. If that is the case our experienced Family Law Attorneys will guide you so that the court does not factor the time of your absence against you in determining custody.
There are also cases in which your spouse tries to provoke you or lies to gain an unfair advantage in the custody proceedings and in the divorce case in general. Contact our spousal battery lawyers in Lancaster, Ca so we can help you out of the bind even if criminal spousal battery charges have already been brought against you. We look forward to helping you with these delicate issues.
This motion will help dismiss the Domestic Violence Charges.
What is Domestic Violence in California?
You may be a victim even if you have not been physical or sexually assaulted. Sometimes the invisible emotional injuries are more damaging and long lasting than physical abuse.
Per California Family Code Section 6203 domestic violence includes the following.
-To intentionally or recklessly cause or attempt to cause bodily injury.
-Sexual assault.
-To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
-To engage in any behavior that has been or could be enjoined under Family Code Section 6320, which will be covered below after our first examples of domestic violence.
First Examples of domestic violence as defined above by Family Code Section 6203:
As defined above, a reckless attempt to cause bodily injury is domestic violence. That means if your spouse or other perpetrator throws an object at you, whether it’s a rock, pot, baby bottle, or even a towel, even if it doesn’t hit you, it is probably domestic violence. If the perpetrator does hit you with the object, it’s domestic violence if he was reckless, even if he “didn’t mean” to hit you. If the perpetrator doesn’t hit you but it scares you because you thought he was going to hit you, it is domestic violence. It is very important that you document any damage like bruises. Take pictures of any broken objects before you throw them away. Write down the Perpetrator’s language used as best as you can remember, including bad words. Write down the approximate time the abuse happens. Sexual assault will be covered in its own separate article. See our related blog: Is it rough sex or domestic violence?
Domestic violence covered by Family Code Section 6320 with Examples following each section:
California Family Code section 6320 provides:
“(a) The court may issue an ex parte order (emergency restraining order which may be granted without one of the parties being present) enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating as described in Section 528.5 of the Penal Code, falsely impersonating as described in Section 529 of the Penal Code, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, 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, and, in the discretion of the court, on a showing of good cause, of other named family or household members.
If your spouse follows you to work, to the store, or to a friend’s or relative’s home without permission or valid reason, he is probably stalking you. A lot of times the stalking comes with irrational accusations of unfaithfulness and threats to harm the alleged lover, you, or both. Similarly, if your spouse calls you an unreasonable number of times like 20, at unreasonable hours, or at work, that is probably phone harassment and annoyance. A very recurring example of destruction of property by the perpetrator is his or her breaking or destroying your cell phone.
(b) On a showing of good cause, the court may include in a protective order a grant to the petitioner of the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent. The court may order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.
In addition to keeping the pets from the minors, sometimes the domestic violence perpetrator is violent to animals such as dogs and horses. Perpetrators kick and hurt such pets to cause anguish to the minors and to the other spouse in an attempt to control them or to retaliate against them. Thus, this section prohibits cruelty to both animals and humans.
(c) As used in this subdivision (a), “disturbing the peace of the other party” refers to conduct that, based on the totality of the circumstances, destroys the mental or emotional calm of the other party. This conduct may be committed directly or indirectly, including through the use of a third party, and by any method or through any means including, but not limited to, telephone, online accounts, text messages, internet-connected devices, or other electronic technologies. This conduct includes, but is not limited to, coercive control, which is a pattern of behavior that in purpose or effect unreasonably interferes with a person's free will and personal liberty. Examples of coercive control include, but are not limited to, unreasonably engaging in any of the following:
(1) Isolating the other party from friends, relatives, or other sources of support.
Perpetrators tend to isolate a domestic violence victim to decrease the possibility of the victim escaping the cycle of control and abuse and to keep the victim in the abusive relationship. The perpetrator may not allow the victim to visit friends or relatives by hiding the keys or not providing gas money. Sometimes perpetrators even deflate the vehicle tires or lock the vehicles in the garage to prevent the victim from using them. Perpetrators may also isolate by cancelling the victim’s cell phone accounts and deleting their social media accounts. Once isolated, the perpetrators scare the victim, telling the victim she can’t survive without him and that she would lose the children if she leaves the relationship. It is easier for the isolated victim to lose perspective and to accept the physical and emotional abuse as normal or something that is inescapable.
(2) Depriving the other party of basic necessities.
Sometimes the perpetrator financially abuses the victim by not providing for groceries or needed hygiene items. In hot areas domestic violence perpetrators are known to destroy the air conditioning and to cancel water or other utilities while the perpetrator goes on vacation leaving the victims to fend for themselves. Domestic Violence Perpetrators are selfish and are even known to arrive home with takeout food only for themselves and eating the food in front of the victim and the children.
(3) Controlling, regulating, or monitoring the other party's movements, communications, daily behavior, finances, economic resources, or access to services.
Sometimes perpetrators demand detailed explanations of how victims spend the time going to and from the store, school, work, or other places if the victim takes “too long” according to the perpetrator. The perpetrator demands to know who the victim talked to and what the victim said. In extreme cases the perpetrator even makes the victim strip down and checks the victim’s underwear for signs of infidelity. Perpetrator also use cameras, apps, and recording devices to monitor victims.
(4) Compelling the other party by force, threat of force, or intimidation, including threats based on actual or suspected immigration status, to engage in conduct from which the other party has a right to abstain or to abstain from conduct in which the other party has a right to engage.
Perpetrators threaten to call immigration or ICE on Victims to scare them into not doing anything and keep the victim in the abusive relationship. The Violence Against Women Act protects Men, Women, and Immigrants from domestic violence. See our related VAWA article.
Lastly Under California Family Code Section 6211 Domestic Violence is abuse if perpetrated against:
A spouse or former spouse.
A cohabitant (a person who regularly resides in the household).
A person with whom the respondent is having or has had a dating or engagement relationship.
A person with whom the respondent has had a child, where the presumption applies that the male parent is the father of the child of the female parent.
A child of a party or a child who is the subject of an action under the Uniform Parentage Act, where the presumption applies that the male parent is the father of the child to be protected.
Any other person related by consanguinity or affinity within the second degree. (listed below)
-First degree of consanguinity includes a child or a parent
- Second degree of consanguinity includes: grandchild, sister, brother or grand-parent.
-First degree of affinity includes: spouse, mother-in-law, father-in-law, son-in-law, daughter-in-law, stepson, stepdaughter, stepmother or stepfather
-Second degree of affinity includes: brother-in-law, sister-in-law, spouse's grandparent, spouse's grandchild, grandchild's spouse or spouse of grandparent.
When the perpetrators are other people, you may need to file for protection against them through other means such as elder abuse, work place abuse, or civil harassment.
If you do find that you are the victim of domestic violence do not despair. It is not your fault, and there is help even if you feel isolated and helpless. You may need an emergency restraining order, or you may need to escape to the safety of a domestic violence shelter.
You are a victim of Domestic Violence. I will get you a Restraining Order. You will be safe.