How does domestic violence affect a North County divorce? What impact will a restraining order have upon the cost-effective completion of your divorce? What should I do if my spouse is leveling false allegations of domestic violence to gain an upper hand in the divorce? Domestic violence and resulting restraining orders will not affect the ability to divorce itself. California…
Domestic Violence
Can the North County Family Court Limit My Rights as a Father to Parenting Time Only?
Can the North County Family Court limit my rights as a father to parenting time only? In effect the ability to visit with my child but not to make important decisions in their life? The short answer is yes. The duty of the Court to protect the “best interests of a child” has precedence over the “liberty interest” of a…
7 steps to Best Protect Yourself from Domestic Violence or an Abusive Husband or Wife in Carlsbad or North County
What are the 7 steps to best protect yourself from domestic violence or an abusive husband or wife in Carlsbad or North County? •1. The first step to best protect yourself from domestic violence is to collect resources such as money, check books, credit cards, cell phone, laptop, and friends willing to help you. •2. If you have children with…
Domestic Violence Allegations in a Carlsbad Divorce Case
What is the impact of domestic violence allegations in a Carlsbad divorce case? Our clients have many questions about domestic violence, restraining orders and the impact it will have upon child custody and parenting time as well as spousal support and other issues in the divorce. The most important issue to address is protection for those enduring domestic violence. We…
How is Domestic Violence Defined Under Federal and State Law
How is domestic violence defined under federal and state law? Families in California might benefit from learning more about how domestic violence issues are governed by state and federal entities. The state laws are designed to prevent violence from occurring within the family or in intimate relationships. Domestic violence in California may be described as a criminal act that happens…
Issues Which Could Influence Child Custody
What are some of the issues which could influence child custody in a Carlsbad or North County divorce case? If both parents are deemed to be fit, joint legal custody would typically be ordered for the oversight of educational, medical and other factors. A shared parenting time schedule is generally preferred as many studies have shown it is best for…
Managing Domestic Violence Restraining Orders in Carlsbad
Managing domestic violence restraining orders in Carlsbad or anywhere in North County can have a significant affect on child custody and other aspects of your divorce. The experienced domestic violence and divorce attorneys at Burke & Domercq have each represented clients in restraining order cases before North County Family Court for decades. How will this impact your life and your…
The Well-Being of Your Child Guides Court Decisions About Custody Changes
Are you seeking changes to existing temporary or permanent child custody orders? The well-being of your child guides Court decisions about custody changes in all California cases. Reasons can arise in the lives of parents in California which require them to seek court approval of a new child custody agreement. When evaluating modification requests, a judge will give the most…
Child Custody Parenting Time and Support Survive the Expiration of a Restraining Orderf
Why are restraining orders so important in a domestic violence case surrounding a divorce action? Why should you attend the hearing and fight against a temporary restraining order becoming permanent? Did you know child custody parenting time and support survive the expiration of a restraining order? A few years ago California’s legislature enacted new laws under the “Domestic Violence Protection…
Fighting False Accusations of Child Abuse in a Divorce or Post Decree Custody Battle
The Certified Family Law Specialists at Burke & Domercq have represented the citizens of Carlsbad before our local family law courts in Vista and throughout San Diego for literally decades. Too often we have seen false accusations of child abuse or domestic violence during a divorce or post-decree child custody battle. This is a strategy some parties use to gain…