Westlake Village Domestic Violence Lawyer
Seeking to use Domestic Violence as Grounds for Divorce?
California is a no-fault divorce state, meaning that an individual or couple does not need any reason to file for divorce to end the marriage besides the fact that irreconcilable differences have arisen in the marriage that have led to the irremediable breakdown of the marriage. However, the California no-fault rule does not apply to domestic violence.
Some people may need immediate protective relief in a threatened or actual “domestic violence” situation. In this case, an immediate appointment should be scheduled so that necessary ex parte (emergency) orders may be obtained. While a domestic violence hearing often occurs during a divorce proceeding, domestic violence is a separate proceeding from a divorce proceeding, and can proceed even if a divorce petition has not been filed.
Your safety and your family’s future matter. Contact a trusted Westlake Village domestic violence attorney for a free legal consultation by calling (805) 777-1011 or filling out our online form now. Also serving Thousand Oaks.
Understanding Domestic Violence in California Family Law
Most organizations recognize that domestic violence is a “systematic pattern of power and control perpetrated by one intimate partner against another.” However, domestic violence law has been slower to align with the literature and has mostly defined domestic violence according to physical injury. One notable exception in California is Family Code section 6203(b) which contains specific language noting that domestic abuse is not limited to the infliction of physical injury or assault. Family Code section 6320 goes further in listing behavior a court may enjoin through a domestic violence restraining order, including disturbing the peace of the protected party.
Coercive control is a gendered pattern of behavior used mostly by men to dominate women in their personal lives through the deprivation of rights and resources. The particular harm of coercive control lies in its constant and repetitive infliction of liberty deprivations that work together to isolate the victim and deprive her of connections to resources, friends, family, and other sources of support. Since January 2021, coercive control has become part of California’s Family Code definition of disturbing the peace.
The greatest loss of power for an abuser is at the time the victim decides to leave the relationship. This is also the most dangerous time for the victim. The presence of children in the relationship provides abusers further opportunities to exert control over the primary victim. This control may begin even before the dissolution of the relationship. Often, the abuser threatens to harm or take away the children if the victim leaves.
If you and / or your children are the victim of domestic violence or abuse, a Westlake Village divorce lawyer from Richard Ross Associates can help by providing the knowledgeable counsel and representation you need.
Protective Orders & Restraining Orders
The first step in the process of domestic violence is to obtain a protective order or restraining order. Emergency protective orders can be issued immediately by a law enforcement officer who arrives on the scene of domestic violence, and can later be changed for a temporary or permanent restraining order against the violent offender.
There are a few types of restraining orders, including:
- Domestic violence CLETS restraining orders (DVRO)
- Temporary restraining orders (TRO)
- Emergency protective orders (EPO)
- CLETS orders
- Family law (soft) orders
Once you have obtained a restraining order to protect yourself and your children, you can begin the divorce process. Whether or not your spouse wants a divorce, you still have the right to request the commencement of a divorce proceeding with the help of a divorce attorney by your side.
Evidence in Domestic Violence Cases
Evidence plays a critical role in domestic violence cases, whether you are seeking protection or defending against allegations. Common forms of evidence include:
- Photographs: Images of injuries, damaged property, or other signs of abuse.
- Medical Records: Documentation of injuries treated by healthcare professionals.
- Witness Testimony: Statements from friends, family members, neighbors, or law enforcement officers.
- Electronic Evidence: Text messages, emails, or voicemails that document threats or abusive behavior.
- Police Reports: Records of incidents where law enforcement was involved.
A Westlake Village domestic violence attorney can help gather and present evidence to strengthen your case and ensure your voice is heard in court.
the Process to Get a Restriction Order in California
The process to obtain a restraining order can vary slightly depending on your location, but in California, it typically involves several key steps. If you’re seeking a restraining order due to domestic violence, here’s an overview of the process:
- Determine the Type of Restraining Order You Need: In California, restraining orders are categorized into different types. For domestic violence cases, a Westlake Village domestic violence lawyer can assist in determining which restraining order applies to your situation.
- Complete the Necessary Forms: To request a restraining order, you must fill out specific forms provided by the court. Court clerks often provide packets containing all necessary forms, or you can download them from your county court's website. We can help you accurately complete and file these forms.
- File the Forms with the Court: Once the forms are completed, submit them to the clerk at your local courthouse. Filing is typically free for victims of domestic violence. The clerk will forward your case to a judge for review, who may issue a Temporary Restraining Order (TRO) if immediate protection is warranted.
- Serve the Respondent: The person you are seeking protection from (the "respondent") must be formally notified of the restraining order and hearing date. This process is known as service of process and must be completed by someone other than you, such as a sheriff or marshal, or any adult (over 18) who is not involved in the case.
- Attend the Court Hearing: At the hearing, both you and the respondent will have the opportunity to present your case. The judge will review evidence such as photos, messages, police reports, or medical records, and hear testimony from you, the respondent, and any witnesses. The judge will then decide whether to grant a Permanent Restraining Order. A Westlake Village domestic violence lawyer can represent you during this hearing, ensuring your case is presented effectively.
Domestic Violence and Child Custody in California
Domestic violence has significant implications for child custody and visitation arrangements. California family courts prioritize the safety and well-being of children when making custody decisions. If domestic violence is a factor in your case, the court may:
- Limit or deny custody to the abusive parent.
- Require supervised visitation to ensure the child’s safety.
- Order the abusive parent to complete anger management, parenting classes, or counseling.
California law presumes that awarding custody to a parent who has committed domestic violence within the past five years is not in the child’s best interest. A Westlake Village domestic violence attorney can help present evidence and arguments to protect your parental rights while ensuring the safety of your children.
Contact a Domestic Violence Attorney Near You
Searching for an experienced domestic violence lawyer in Westlake Village or Thousand Oaks, CA? Richard Ross Associates is prepared to skillfully manage your case to a satisfactory outcome. Attorney Ross has over 40 years of legal experience and is board-ertified as a specialist in family law by the California Board of Legal Specialization.
Your best interests are our main focus, which means that we will go the extra mile to meet your needs and obtain the best results for your domestic violence case. Call today or fill out our online case evaluation form to get started. The sooner you contact a Westlake Village divorce lawyer from our firm - which also serves all of Ventura County - the sooner you can get protection from domestic violence.
Speak with a compassionate Westlake Village domestic violence attorney about your case. Call (805) 777-1011 or reach out online to arrange your free consultation and explore your options.
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I heartily recommend him to anybody in need of a well qualified, results-oriented, family law specialist.
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Our family and our dignity have been restored.
“Mr. Ross and his supportive, competent staff put their hearts into their work and literally turned our lives around.”
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The results far exceeded my expectations.
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FREQUENTLY ASKED QUESTIONS
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This is very important: If you have separated from your spouse before one of you has filed for dissolution of marriage or legal separation, avoid agreeing to and placing into effect a temporary parenting plan arrangement regarding the children unless you will be able to live with this arrangement after the divorce papers have been filed. Once you begin a parenting plan that seems to be working, it becomes the "status quo." It is very difficult to convince a mediator or judge to change the status quo, especially if it is working or appears to be working and is not detrimental to the minor children.
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If you have not received a judgment dissolving your marriage before the end of the year, you may file an individual tax return under the status of "married, filing separately" or a joint tax return with your spouse. You should consult your accountant as to the advantages of these options. You may obtain special information booklets regarding tax information for divorce or separated individuals from your local IRS office or read the IRS booklet online.
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To file an action for divorce, also known as dissolution of marriage, a person must have resided in the state of California for six months and in the county where the action is filed for three months prior to filing the petition in court. This is true of either the petitioner or the respondent - either person can meet the test and allow a filing. If your spouse meets the residency requirement, you can file even if you do not meet it yourself.
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The court can and usually will order you to move out of your residence if your spouse convinces the court that you have been violent toward your spouse or threatened your spouse. You could be given ex-parte notice to be in court the next day because your spouse is seeking an order to make you move out and stay out. You can be ordered to leave immediately and not return even if your spouse is not on the property title or lease agreement! Once you are ordered to leave, it is not likely that you will be allowed to return.
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Before you get a divorce, photocopy all relevant financial documents that you can obtain and store them off-site with a trusted friend or relative. Do not store them in the trunk of your car where they can easily be found and removed by your spouse. There may be both personal and strategic reasons not to tip off your spouse that documents are being reviewed for a possible dissolution proceeding. Make copies of documents that you find in the residence and return the original documents to their original location as soon as possible so that your spouse won't notice that they are missing. It is often advisable to make the photocopies when you are sure your spouse is away for an extended time, such as during a workday. It is advisable to gather as many relevant financial documents as possible while they are still available and before they have been removed or destroyed by your spouse. This will significantly reduce the cost of divorce litigation if the documents do not have to be recovered later. It will also permit us to get a true picture of all community assets and debts as soon as possible.
