Irvine Family Law Attorneys Providing Steadfast Advocacy For Domestic Violence Victims
Domestic violence victims face a range of difficult and conflicting emotions. They may feel alone, fearful for themselves and their children, ashamed or even embarrassed. If you’ve experienced domestic violence, it’s important to understand that you’re not alone and help is available.
Klausner | Johnson LLP is an Irvine firm focused exclusively on family law. Our attorneys understand that although domestic abusers can face criminal prosecution, domestic violence is very much a family law issue. Whether you need help obtaining a protection order, getting a divorce or fighting for the safety of your children in a custody dispute, our domestic violence lawyers will be right by your side. Together, they have more than 50 years of legal experience helping good people who are facing what feels like impossible situations. They can help you, too.
Defining Domestic Violence Under California Law
The difference between domestic violence and other acts of violence is the relationship between the abuser and the victim. In California, a person commits domestic violence when they injure, abuse, threaten, harass or stalk someone with whom they share family, relational or household ties. This could include:
- A current or former spouse
- A current or former intimate partner
- A co-parent or someone with whom they share a child
- A relative (parent, child, sibling, grandparent, etc.)
- A household co-habitant
Domestic violence isn’t just limited to physical acts like hitting. Domestic abuse can also be sexual, emotional, psychological or financial. In many cases, abusers use a variety of tactics to exert coercive control over their victims, making it difficult for them to leave or report the abuse.
Seeking Immediate Safety Through A Court Order
Before you can address any family law concerns, you first need to ensure that you and your children are safe, which usually means seeking a protective order, a restraining order or both.
In California, there are several types of orders available for people trying to leave an abusive relationship. They include – but are not limited to – emergency protective orders, criminal protective orders and domestic violence restraining orders. Each type varies in duration and the protections they offer. Our domestic violence lawyers can help you complete the necessary paperwork and represent you during any court hearings (though you are not legally required to be represented by an attorney).
These orders can prohibit the abuser from contacting you, coming near you, your home, your workplace or your children’s school. They can also include orders for the abuser to move out of your home and stay away from your children.
If the abuser ever violates the protective or restraining orders, call the police immediately and the abuser can be arrested and charged. Our attorneys can also help you take further legal action if necessary.
How Will Domestic Violence Impact Your Divorce And Child Custody Cases?
A history of domestic violence will almost certainly have an impact on your divorce and child custody proceedings as well as their outcomes.
First, domestic violence often necessitates resolving your family law issues through litigation instead of alternative dispute resolution (ADR) methods like mediation. Mediation requires both parties to communicate and negotiate in good faith, which is not possible or advisable when there is a history of abuse. Our domestic violence attorneys can guide you through the litigation process to ensure your safety and legal rights are protected.
California courts prioritize the best interests of the child when awarding child custody. Courts may limit or deny custody to the abusive parent and may also restrict visitation rights. In some cases, supervised visitation may be ordered to ensure the child’s safety. Our legal team can help present evidence of domestic violence to the court, which may include police reports, medical records, photographs of injuries, text messages, emails and witness statements.
Additionally, domestic violence can impact the division of assets and spousal support. If your spouse was convicted of felony domestic violence, the court is legally prohibited from awarding them spousal support. If their conviction was a misdemeanor, their chances of being awarded spousal support are not impossible, but they are considerably lower.
Although California is normally a community property state with an equal split of marital assets, the court can deviate from this in cases of domestic violence. After a felony conviction, for instance, the court may award the battered partner with all pension and retirement benefits accumulated after the marriage.
If you are a victim of a violent and toxic relationship, seeking legal assistance is crucial. Our domestic violence lawyers are committed to providing compassionate and effective representation to help you through this difficult time.
Discuss Your Legal Options With Attorneys Who Fight For You And Your Children
Klausner | Johnson LLP is based in Irvine, and we serve clients in Orange County and throughout the surrounding areas of California. Don’t wait to seek legal help with your divorce and custody concerns. Our domestic violence lawyers can explain your options during a confidential initial consultation. To get started, call us at 949-868-3675 or reach out online.