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Domestic Violence
Certain forms of domestic violence and abuse are obvious, such as the bruising and bleeding that occurs from physical striking. But the legislative, legal, and therapeutic communities recognize today that "DV" assumes a huge number of manifestations and expressions which at their core are all really about not just rage but also control.
A domestic violence restraining order may be issued if an affidavit shows reasonable proof of a past act or acts of abuse. Family Code section 6300. Note that a single act is sufficient.
Types of Abuse
In response to epidemic increases in domestic violence California Legislation directs Judges upon request to issue orders prohibiting "molesting, attacking, striking, threatening, sexually assaulting, battering, harassing, telephoning, including but not limited to, annoying telephone calls ..., destroying personal property, contacting either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party, and, in the discretion of the court, on a showing a good cause, of other named family, or household members." FC section 6320. Appellate courts are expanding prohibited activities "disturb the peace of the other party" to include reading and publishing private emails of the other party in a manner intended to harass and offend that person, or even simply screaming at them without any physical touching: To "disturb the peace of" in its ordinary meaning includes 'agitating or destroying the peace and quiet of another or breakup up the quiet, tranquility or rest of a person or stirring up trouble for disquiet.' It can include conduct that destroys the mental or emotional calm of the other party. There is therefore no requirement of an actual infliction of physical injury or assault.
Courts Will Exclude an Abuser From the Home
Courts will, upon request and sufficient evidence, issue orders excluding a party from the family dwelling, no matter who holds title to it. Family Code sections 6321, 6340. Being a victim of domestic violence may entitle you to actually terminate your lease with a landlord under certain circumstances!
Custody and Visitation Orders
Family Courts are authorized and encouraged to make custody orders where domestic violence is found between legal or biological parents, which are often quite restrictive. Indeed, Courts are mindful that parents seeking a strategic advantage may falsely claim, or exaggerate, domestic violence in order to gain custody advantages.
The Arnold Law Office has no interest in such agendas: While we wish to protect bona fide victims of domestic violence, we refuse to aid potential clients who are not sincere. Moreover, in defending persons charged with domestic violence, our office vigorously challenges the evidence to test the veracity of the complaining party because the consequences of such orders may ruin lives, including the lives of the children of innocent parents.
In cases of Domestic Violence, where children are involved and restraining orders do issue, a rebuttable presumption arises under Family Code section 3044 that an order for joint physical or legal custody of a child of the perpetrator (party against whom orders issue) would be detrimental to the best interests of the child. Any visitation to such a person must be limited, specific, and often supervised.
Family Courts will issue awards for child and spousal support and attorney fees to the prevailing party in domestic violence cases.
Shelter From the Storm
You can seek immedate help from the Coachella Valley's Shelter From the Storm for both you and your children. This includes immediate shelter, transitional housing, and much much more.
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