Don’t Hesitate If You’ve Experienced Domestic Violence

Domestic violence is a term used to describe physical, psychological, financial, or emotional abuse committed against an intimate or family partner. In California, 40% of women have endured domestic violence. Acts of domestic violence can endanger loved ones, including children. If you are a victim of domestic violence, do not hesitate to get help. We understand that domestic violence matters can be extremely emotional and sensitive. Every attorney in Her Lawyer’s network undergoes gender sensitivity training to ensure he or she approaches every case with discretion. However, we understand that you may feel more comfortable with some attorneys rather than others. We will prioritize your news and preferences. If you feel more comfortable being legally represented by a woman lawyer, contact Her Lawyer to get in touch with one of our female domestic violence attorneys.

If you are experiencing domestic violence, it’s imperative to protect your rights and well-being. Call the National Domestic Abuse Hotline at 1-800-799-7233. If you’re looking for legal advice or representation regarding your domestic violence issues, contact Her Lawyer to get in touch with one of our domestic violence lawyers.

Our domestic violence attorneys operate throughout California in:

• Los Angeles
• Orange County
• San Diego
• the Bay Area

What is domestic violence?

Domestic violence is a term used to describe physical, psychological, financial, or emotional abuse one may endure in an intimate or family relationship.

Who can be considered a domestic abuser?

Under the California Domestic Violence Prevention Act, the following people can be classified as perpetrators of domestic violence:

• Spouses
• Former Spouses
• Current or former non-married partners
• Children
• Siblings
• Parents
• Grandparents
• Aunts or uncles
• Relatives by marriage
• Other blood relatives

Victims of abuse do not necessarily need to live with their abusers for acts to be considered domestic violence. Examples of domestic violence may include

• Physical attacks such as hitting, scratching, punching, or pushing
• Verbal abuse, including name-calling or manipulation
• Threatening
• Controlling finances as manipulation
• Stalking
• Forced sexual acts

How Domestic Violence Effects Divorce

Domestic violence may bring a spouse traumatic emotional distress, psychological harm, and physical injuries. Leaving your spouse may be the most important decision you will make, especially if your children are being harmed. This decision requires planning, preparation, and confidence.

If you are a victim of domestic violence and are seeking a divorce, you do not need to legally prove that you have been abused. California is a “no-fault” state, which means that you do not have to provide a reason to the court for filing a divorce. You can state that you and your partner have irreconcilable differences. Although being vocal about domestic abuse may be to one’s benefit, some spouses choose to keep quiet about their suffered abuse, possibly for the sake of their children.

Nonetheless, presenting proof that your spouse domestically abused you can be helpful when settling a divorce. If a judge sees a conviction or other evidence of your spouse’s wrongdoing, he or she may be more likely to grant divorce terms that protect you and your children’s well-being.

How Domestic Violence Affects Child Custody

California courts typically grant joint physical and legal child custody for divorcing couples. This is often in the child’s best interest, allowing children to keep frequent contact with both parents. However, if one parent may pose a threat to a child’s well-being, a California court may deny or revoke that parent’s child custody rights.

If you feel your spouse may be a danger to your children, its important to compile and present evidence to the court supporting your claim. Providing evidence to support your allegations of domestic violence, including

• Pictures
• Videos
• Text messages
• Voice recordings
• Medical bills
• Police reports
• Calls to domestic abuse support groups
• Eyewitness testimony
• Journal entries

However, a judge may still grant child custody rights to your spouse even if you present ample evidence of the abuse you suffered. A California judge will also evaluate the following information when determining child custody terms:

• Completion of a domestic violence treatment program
• Completion of a drug/alcohol abuse treatment program
• A record of violating restraining orders, parole, or child custody terms

Domestic Violence FAQs

Can I get a restraining order if I am a victim of domestic violence?

Yes, if you are a victim of domestic violence you can obtain a restraining order against your abuser. Restraining orders are effective methods of protection for victims of domestic violence. If your abuser violates the restraining order, he or she may face criminal prosecution.

However, restraining orders can take some time to be granted and may require an appearance in court. If you are in imminent danger, an emergency protective order may be a better option.

What is an emergency protective order and how do I get one?

An emergency protective order (EPO) is issued by a law enforcement officer to protect an individual if an officer believes that he or she may be “in immediate and present danger of domestic violence”. An EPO is intended to provide protection against an abusive relative while waiting to apply for a restraining order.

To get an emergency protective order, call 911, and explain how you are in imminent danger.

Can I sue my abuser if I am a victim of domestic violence?

Under California law, victims of domestic violence have the legal right to file a personal injury lawsuit against their abusers and may be entitled to financial compensation.

Can I press criminal charges against my domestic abuser?

Yes, if you are a victim of domestic violence you may press charges against your abuser. Domestic violence has serious legal consequences. Criminal punishments for domestic violence depend on the specific act committed and the severity of the act. The following criminal acts can be considered domestic violence:

• Child abuse
• Child neglect
• Criminal threats
• Domestic battery
• Elder abuse
• Revenge porn
• Stalking

Specifically, individuals convicted of a domestic battery may face up to one year in county jail.

However, proving that an intimate or familial partner abused you can be difficult. If you have been physically abused, it is important to keep any evidence of abuse, including:

• Pictures
• Videos
• Text messages
• Voice recordings
• Medical bills
• Police reports
• Calls to domestic abuse support groups
• Eyewitness testimony
• Journal entries

Where can I get help if I am a victim of domestic violence?

If you are a victim of domestic violence, it may be in your best interest to contact the National Domestic Violence Hotline at 1-800-799-7233. To protect your legal rights, consult a domestic violence lawyer. If you prefer female representation, contact Her Lawyer to get in touch with one of our female domestic violence attorneys.

Do I need an attorney if I am a victim of domestic abuse?

If you are a victim of domestic violence, you have many legal options. California law warrants legal protections for victims of domestic abuse. It’s important that you fully understand them. Consult an experienced domestic violence attorney to discuss your options.

Domestic violence is a sensitive matter, and it’s important that clients feel comfortable with their attorneys; we will accommodate your needs and preferences. At your request, we’ll get you in touch with one of our female domestic violence attorneys.

Domestic Violence – Attorney Principles

Your Safety Is Our Priority

At Her Lawyer, your attorney will do everything in his or her power to ensure your protection and safety. This may include obtaining a restraining order, negotiating child custody terms, or other measures of protection. Nonetheless, your individual rights and needs are just as important.

Unbiased Representation

We understand that every legal situation is unique, and therefore requires its own set of solutions. Your lawyer will approach your domestic violence case with a blend of sensitivity, professionalism, and impartiality. Our attorneys are trained to handle all domestic violence cases with discretion and confidence.

Personal Needs Require Personalized Service

When dealing with matters as sensitive as domestic violence, it’s important to hire an attorney that you can trust. Every attorney in Her Lawyer’s network carries at least 5 years of legal experience and has undergone gender sensitivity training. We’re more than willing to accommodate your needs and preferences. If you prefer to be represented by a woman lawyer, contact Her Lawyer to get in contact with one of our female domestic violence attorneys.