What Constitutes Domestic Violence in North County?

Pierre Domercq Domestic Violence

What constitutes domestic violence in North County and what impact can domestic violence have upon a divorce in Carlsbad or child custody in Oceanside, Encinitas or Vista?
Legally, domestic violence includes threats of abuse or actual intentional or reckless physical, verbal, emotional or psychological abuse when both parties have been involved in an “intimate” relationship. This includes living together and marriage. Abuse also includes threats to harm a third party, and behaviors inlcuding harassment, stalking or the destruction of property.
The abused party may seek an Emergency Protective Order (EPO), a Temporary Restraining Order (TRO) a Permanent Restraining Order or a criminal protective “stay-away” order.
Why are domestic violence charges important in a North County or Carlsbad divorce? The presence of domestic violence will have a substantial impact on everything from child custody, parenting time and child support to spousal support and in some cases community property division.
The existence of an EPO or TRO or a permanent restraining order tells the Court one of the parties may not be suited for unsupervised child custody or visitation. The Court may severely limit the ability of an alleged abuser to have contact with the other party or the children.
In addition, the party who has perpetrated domestic violence may not receive spousal support in California.
The presence of alcohol or drug addiction will have an impact on these issues as well. Recovery from a history of alcohol or drug abuse can have a positive impact on specific issues such as child visitation or parenting time.
Domestic violence is a serious issue, and is sometimes used to gain an advantage in a North County divorce case. If you have been served with an EPO or TRO you must follow every instruction contained within it to the letter. “No contact” means exactly that: NO CONTACT. This means you may not call, text, email, message or send anything in the mail to the other party, or have anyone else communicate with them on your behalf.
If you have been accused of domestic violence you should consider a strong defense during the mandatory hearing that follows the initial emergency or temporary orders.
If you have questions about domestic violence and the impact it will have upon your divorce we invite you to contact us or call 760-712-3741 to schedule an appointment with one of our experienced family law attorneys.