Domestic Violence & Divorce in Orange County: More Than Just Physical Abuse

Many individuals often think that domestic violence is limited to physical or sexual abuse; however, it can extend much further than that. By understanding the multidimensional nature of domestic violence and its impact on divorce, individuals can work to address different forms of abuse and protect themselves. Domestic violence & divorce in Orange County can intersect in multiple ways, yielding different outcomes for victims of abuse going through the divorce process.

Defining Domestic Violence

Domestic violence is broadly defined as the general pattern of conduct that is wielded to hold power over an intimate partner or family member or to control them. Although sexual and physical abuse are the easiest forms of domestic violence to identify, domestic violence can show up as psychological, emotional, or financial abuse as well. By understanding all types of domestic violence, individuals and communities can understand the true scope of the problem.

The Hidden Forms of Domestic Violence in Orange County

Less commonly seen are other types of domestic violence that do not involve physical harm or sexual abuse. Psychological and emotional abuse includes conduct that deteriorates an individual’s self-esteem or mental health. Examples of such abuse include threatening, insulting, or constantly criticizing a partner, restricting their contact with other family and friends, or manipulating them to make them question their reality.

Financial abuse happens when an individual works to control their partner’s or a household member’s access to financial resources, effectively making them dependent on the abuser. Examples of financial abuse include controlling how finances are spent, keeping the victim from accessing credit cards or bank accounts, or working to sabotage their employment situation.

Domestic Violence and Divorce Proceedings: Understanding the Impact

Domestic violence can impact divorce proceedings in Orange County, as courts consider allegations of domestic violence when making decisions. The impact can reach far and wide, affecting decisions that include property division, child custody, and spousal support.

Asset Division & Spousal Support Outcomes

Although California is a community property state, which means that debts and assets that are accumulated during the marriage are usually divided in half, domestic violence situations may result in a larger share of the assets being given to the victim. These payments may be granted to make up for any emotional or financial harm the victim suffered because of the domestic violence.

Domestic violence victims may also be able to get spousal support, depending on factors such as the extent of the financial and emotional impact of the abuse. Spousal support may also be given to victims who are financially dependent on their abusers, allowing them to rebuild their lives and move forward after the divorce.

Child Custody Implications

If the court believes that there is sufficient evidence of domestic violence, they may choose to order restricted visitation, limiting the abusive parent’s contact with the child. In certain cases, visitation may be allowed; however, they will likely need to be supervised by a third party. The domestic violence victim will likely receive sole custody over the child, including both physical and legal custody.

Getting Connected With Legal Support and Representation

California victims of domestic violence have a large variety of legal support and resources available to them. Support that they are entitled to may include payments for damages, mental health counseling, and temporary housing. A dedicated and experienced legal representative can connect domestic violence victims in California with resources that can help support them.

Skilled legal representatives can also offer comprehensive legal advice, helping domestic violence victims navigate legal proceedings and the divorce process. An experienced family lawyer will work to protect the rights and interests of clients and their children, advocating for a positive divorce outcome.

FAQs

Q: What Effect Does Domestic Violence Have on the Divorce Rate?

A: Domestic violence can seriously increase the chances of getting a divorce. Domestic violence victims may choose to terminate their marriage to get out of their existing abusive situation and to seek protection for themselves and their children.

Studies generally show that instances of domestic violence commonly lead to the dissolution of marriage due to the serious and long-lasting emotional, physical, and financial consequences it can have on the victim.

Q: What Are the Different Types of Domestic Violence Restraining Orders in California?

A: In California, there are three major types of restraining orders that apply to domestic violence situations: emergency protective orders, temporary restraining orders, and restraining orders after a hearing. To understand what your restraining order options are, it is important to work with a dedicated and experienced domestic violence lawyer.

Q: How Do Domestic Violence Cases Work in California?

A: In California, domestic violence cases usually start with a law enforcement report. After the report is submitted, police are likely to carry out an arrest if they have probable cause to believe that a crime occurred. After the arrest, the case will be transferred to the District Attorney.

If the DA decides to file charges, the case will go through the criminal justice system. During the legal process, victims may seek protective orders to ensure the safety of themselves and their family.

Q: Can a Domestic Violence Case Be Dismissed in California?

A: Yes, it is possible for a domestic violence case in California to be dismissed. However, there are specific criteria that must be met to constitute a dismissal. If the alleged victim takes back their statement that abuse occurred, or if it can be proven that there is not enough evidence to support the charges, the case may be dropped. Furthermore, if the defense presents sufficient arguments and evidence to counter the charges of the prosecution, they could be acquitted.

Get the Legal Support and Protection You Deserve During Your Divorce Process

If you are dealing with domestic violence and are pursuing a divorce as a result, it is critical to work with experienced and empathetic legal counsel who can help you navigate complex processes and work to get you the support and protection you’re entitled to. A skilled domestic violence lawyer from Quinn & Dworakowski, LLP, can listen to your story, gather evidence, and help you implement a sophisticated legal strategy. Contact us today.