What is considered to be domestic violence in Carlsbad and what impact can domestic violence have upon a divorce in Carlsbad, Oceanside, Encinitas or Vista? Legally, domestic violence is considered to include intentional or reckless physical, verbal, emotional or psychological abuse as well as threats of abuse when both parties have been involved in an “intimate” relationship. This includes living together…
Domestic Violence
What Impact will Domestic Violence Have Upon My Divorce?
What impact will domestic violence have upon my divorce in Carlsbad, Encinitas, Oceanside, Vista or anywhere in North County San Diego? What actually constitutes domestic violence? How will it affect the orders issued by the Court in our case? It is important to understand each case is unique, and the specific circumstances in your case will determine the ultimate impact…
Even a Temporary Restraining Order Can Permanently Affect Child Custody
It may surprise you to learn that even a temporary restraining order can permanently affect child custody. This is rooted in a law which was changed in 2014 to mandate that any child custody, parenting time or child support order issued while a Domestic Violence Restraining Order (DVRO) was in place, survive the termination or expiration of the DVRO. Divorces…
What Should You Do if Your Husband or wife Threatens to Get a Restraining Order in Carlsbad
What should you do if your husband or wife threatens to get a restraining order in Carlsbad? What if these events are happening at the same time as discussions about or a pending divorce? Most experienced Carlsbad divorce attorneys should tell you that the outcome of any specific case depends on the facts of that case. However, in any divorce…
Domestic Violence Includes Mental as well as Physical Abuse
It is important to know domestic violence includes mental as well as physical abuse in a divorce setting. A recent case published late last year sheds important light on the important issue of domestic violence as it relates to restraining orders, permanent protective orders and ultimately issues such as child custody in a divorce. The case involved the father of…
How Does Domestic Violence Affect Spousal Support?
How does domestic violence affect spousal support in a Carlsbad divorce? Domestic violence can and will have an impact on issues such as child custody and parenting time, child support and spousal support here in North County San Diego divorce cases. One example involved a case where the husband and wife had been married for over 32 years. The couple…
Domestic violence still a problem in California and elsewhere
Is domestic violence still a problem in California and elsewhere? This is obviously not a new issue, nor is it likely to stop being important now and in the foreseeable future. In 1641, the Massachusetts Body of Laws and Liberties declared that no woman should have to endure injuries from her husband unless he was defending himself against an attack…
Take the ‘Violence’ out of Domestic Violence Claims by Watching What you Say
Is it possible to take the ‘violence’ out of domestic violence claims by watching what you say in written and oral communications? In today’s hectic world and stressed family circumstances individuals going through the break-up of their family often times do and say things they might and probably would never otherwise say. As a child we used to quote a…
Domestic Violence Accusations Around the Holidays
Domestic violence accusations around the holidays may carry a lot more consequences than they appear on the surface. In some cases when one of the spouses is planning to file for divorce after the holidays, a false accusation may be levied against the other spouse for domestic violence or child abuse. We wish to make one point vividly clear: Burke…
Domestic violence programs should include immigrant outreach
Domestic violence is a serious and pervasive problem in California. Unfortunately, some immigrants who are victims may be fearful of reporting their abuse because of potential immigration problems. Others may not understand the legal system in the U.S. and may be isolated from their support systems. Domestic abusers often take advantage of these fears in order to perpetuate their acts…