Articles Tagged with domestic abuse

Published on:

domestic abuseIf you have suffered mental, emotional, or physical domestic abuse throughout your marriage, you may feel like you cannot escape the marriage fast enough. One thing, though, may be plaguing your mind: If you have made significantly more money than your spouse, concerns about having to pay spousal support are probably more than a little irksome. What are your rights and responsibilities going forward? While every situation is different, an experienced local family practice attorney can guide you going forward. 

What is Domestic Abuse? 

The statistics on domestic violence in this country are deeply troubling. 10 million instances of domestic abuse — roughly 20 people per minute — are physically harmed by an intimate partner every year in America. Nearly one-fifth of those incidents involve the use of a weapon. 

What is the legal definition of domestic violence? California code 6203 defines domestic violence as: 

  • The intentional and/or reckless attempt to cause bodily harm;
  • Assault of a sexual nature;
  • Causing rear that one will cause serious harm to another imminently;
  • Engaging in behavior that may or may not result in actual physical assault or injury.

The National Domestic Violence Hotline reports that such instances of domestic abuse occur in all kinds of relationships and involve individuals of all races, socioeconomic levels, education levels, religions, and genders. It is generally a control tactic; domestic abusers use fear as a weapon to get what they want from their victims, who often feel coerced, intimidated, and powerless. 

The Conviction Does Matter 

The good news for you is, having a domestic violence conviction will impact the outcomes of your divorce agreement. The extent of financial protections afforded a domestic abuse victim varies depending on the type of conviction and the time frame of that conviction. 

For misdemeanor convictions that occurred within the past five years of your marriage, a judge will postulate that you should not have to either pay spousal support or pay for your spouse’s attorney’s fees under the doctrine of rebuttable presumption. However, your spouse may fight against that presumption and provide additional evidence to attempt to convince the judge otherwise. 

If your spouse was convicted of a domestic violence felony or a violent sexual felony within the past five years, or within five years of being imprisoned, paroled, or on probation, you cannot be ordered to pay any spousal support or for your spouse’s attorney’s fees.  Continue reading →

Published on:

fraudulent claims of abuseNothing is worse than divorce. Actually, the only thing worse than a divorce is a nasty divorce, or a divorce in which one partner makes vicious attacks and cruel claims of abuse that never occurred. Either party may be guilty of this tactic, causing misery for the innocent spouse, and often for the children, as well. If your spouse is using false accusations against you to secure some advantage in divorce proceedings, it is critical for you to obtain aggressive, ethical legal representation right away.

Abuse and Protective Orders

An individual who claims that abuse, stalking, threats, or harassment is occurring may file an order with the court to keep the abuser away. This can come in three varieties:

  • Personal conduct orders simply order specific behaviors, such as battering, destroying property, and harassing, to stop.
  • Stay-away orders are designed to make the person under the order keep a specific distance away from the alleged victim. That means the restrained individual must stay away from the home, work, school, etc. of the person who filed the order.
  • Residence exclusions require the individual named in the order to move out of the home that is shared with the person who filed the order, taking only personal belongings.

Consequences to Persons Named in these Orders

The impact of this type of order on an individual is immeasurable. In addition to marring one’s reputation irreparably, it can result in losing access to one’s home and children. It will limit the ability to go particular places, to own or keep a firearm, and to maintain immigration status.

Fighting Back Against Untrue Abuse Charges

With an experienced attorney, it is possible to battle false charges and mitigate the consequences.  This will encompass several key strategies:

  • Preparing evidence to demonstrate the reality of the situation: There are many ways to show an innocent person in a positive light. Perhaps there are emails, texts, or other communications that demonstrate your true nature.
  • Witnesses to your relationship with your spouse may be able to verify your claims of innocence. They can testify as to their knowledge of events that may have been misrepresented, or that never occurred at all.
  • Alibi witnesses may be able to show that you were nowhere near an alleged incident.
  • Circumstances can be examined to determine what might have motivated an angry spouse to make false accusations. Was it out of spite for an affair? Was it to gain custody of the children?
  • Presenting the real you in a court of law can speak volumes. Fabricated allegations can be unnerving, but your confidence and honesty will be a useful tool in establishing your credibility.

Continue reading →

Contact Information