If you are a victim of domestic violence in Pasadena, CA, The Graves Law Firm is here to help. We understand the sensitive and complex nature of these cases, and we’re committed to providing compassionate, personalized legal support. Contact our law office today at (626) 365-1037 to schedule a consultation with a Pasadena domestic violence lawyer.
In California, domestic violence includes not only physical abuse but also verbal threats, emotional intimidation, and other harmful behaviors. You don’t need to suffer a physical injury to seek protection or legal recourse.
If you’re facing domestic violence in any form, speak with a qualified attorney to explore your legal options.
How Can The Graves Law Firm Help Me if I Have Experienced Domestic Violence in Pasadena, California?
Family law matters, including divorce, child custody, and paternity cases, can be emotionally charged and legally complex. When domestic violence is involved in a relationship, that adds another layer of uncertainty and anxiety during the legal process.
A knowledgeable and proven Pasadena family lawyer can ease your fears and stand by your side at every stage during the process. With more than 20 years of experience helping families through these difficult times, The Graves Law Firm can help you achieve the outcome you desire so that you can move on with your life.
When you hire us for help with your case, we will:
- Help you obtain a domestic violence restraining order when needed for your personal protection.
- Collect evidence proving that domestic violence happened and that the other party should face consequences as a result.
- Fight to ensure that the best interests of your child are protected if custody is a concern.
- Advocate for you to receive the alimony you are entitled to.
Domestic violence can have a tremendous impact on your life. We’ve been there before for people in your situation and will build your legal strategy based on the unique facts of your case. Contact The Graves Law Firm to schedule a consultation with a Pasadena domestic violence attorney.
What is Domestic Violence in California?
Under California law, domestic violence is any type of abuse directed toward an intimate partner, former partner, or family member.
California’s penal code defines “intimate partner” to include:
- A spouse
- A former spouse
- A domestic partner or former domestic partner
- Someone you share a child with
- A live-in romantic partner
- A former live-in romantic partner
- Someone you are in a dating relationship with
- Someone you previously dated
You don’t need to have a romantic relationship with someone for them to be a domestic violence victim.
Victims of domestic violence in California can include:
- Children
- Parents
- Siblings, half-siblings, and step-siblings
- Nieces and nephews
- Aunts and uncles
- Grandparents
Under California law, “abuse” in a domestic relationship is defined as recklessly or intentionally causing injury or attempting to cause injury or putting a person in fear of an imminent injury. Recklessness means acting without consideration for the safety of others through some type of action. Threats that are either physical or verbal can put another person in fear of injury and be considered domestic violence.
Domestic battery occurs when a partner willfully inflicts unlawful force or violence upon an intimate partner. Any unwanted physical contact can be considered willful and unlawful. To use force “upon” someone means to touch a partner’s body, clothes, or something closely connected to an intimate partner.
Domestic violence covers a wide range of behaviors and a wide range of potential victims. Perpetrators of domestic violence can face criminal charges and jail or prison time for their actions. Acts of domestic violence can also be considered when partners are going through a divorce or child custody proceeding.
Protective Orders Based on Domestic Violence in California
You can seek protection through a restraining order if you’ve been victimized by domestic violence in California. A domestic violence restraining order is an option if you’ve experienced harassment, abuse, or threats from a domestic partner. A domestic violence restraining order can also protect you from a parent, child, sibling, or other relative.
To file a domestic violence restraining order, you do not have to pay a fee out of pocket or have a lawyer. However, legal assistance is always useful. If you expect your partner or other family member to fight the restraining order in court, it is wise to have an experienced domestic violence lawyer at your side.
What can a domestic violence restraining order do in California? Having a restraining order in place helps law enforcement remove a person from your presence if they violate the order.
The restraining order can also include the following types of provisions to aid in your protection:
- No contact with the protected party
- No harassing behavior, stalking, threatening, intimidation, or harm to the protected party
- No presence within a certain distance of the protected party
- No entry to the home or workplace of a person protected by the order
- No possession of guns, firearms, ammunition, or weapons.
Depending on the types of behavior involved, a restraining order can be tailored to protect an individual in particular ways. If the offender violates any term of the restraining order, they can be arrested immediately.
Protective orders are useful while a divorce or custody case is pending and emotions run high. A family law attorney with a background in obtaining restraining orders can help you take the right steps and protect yourself.
How Can Domestic Violence Impact a Divorce?
A spouse can file for divorce in California without proving domestic violence or any kind of wrongdoing by the other spouse. This is known as no-fault divorce. You can be granted a divorce in California even if the other spouse does not agree to it.
While you do not need to prove physical abuse, adultery, or other types of fault, domestic violence can be a strong factor in how your divorce case proceeds.
A spouse cannot be ordered to pay spousal support – also known as alimony – to the other party if that party was convicted of a domestic violence felony within the previous 5 years.
If someone was convicted of a domestic violence misdemeanor in the previous 5 years, the courts will presume that the convicted party should not receive spousal support. Whether a party was convicted of domestic violence or not, any history of abuse by a spouse will be considered by a judge when spousal support is under consideration.
How Can Domestic Violence Impact Child Custody?
When child custody is involved in a divorce case, California courts prioritize the best interests of the children involved. Determining physical and legal custody in California involves various factors, one of which is any evidence of domestic violence.
California courts generally favor shared custody when it serves the best interests of the child. However, if there is evidence of domestic violence, the court may limit or deny custody to the abusive parent to protect the child’s well-being. Additionally, a parent with a history of domestic violence may be subject to supervised visitation or have their parenting time restricted to specific times or locations to ensure the child’s safety.
Proving that abuse occurred can be challenging. You can prove domestic violence to a judge through your testimony or evidence, such as text messages, audio recordings, or video. Eyewitnesses can also support your claims. An experienced family law attorney can help gather and present the evidence needed to support your case.
Can Domestic Violence Impact Property Division in a California Divorce Case?
California is a community property state, and courts generally divide assets and liabilities 50/50. Thus, retirement accounts, pensions, 401(k)s, bank accounts, and investment accounts are presumed to be community property, subject to equal division.
However, if one spouse has committed domestic violence, the court may consider that abuse as a factor in departing from an equal division of certain property, such as the injured spouse’s retirement benefits. That’s particularly true if the abuse had a negative economic impact on the injured spouse.
Property division in a California divorce case can be highly complex, depending on the assets and debts involved. However, domestic violence and other factors can complicate things even further. An experienced California divorce attorney can help ensure that you keep what you are entitled to and that the divorce judgment is fair.
Contact a Pasadena Domestic Violence Lawyer for a Consultation
If you have suffered from abuse, our experienced Pasadena domestic violence attorney can provide immediate assistance. Our compassionate legal team at The Graves Law Firm can help you obtain a restraining order and guide you through the complex legal process during a divorce or custody matter.
To learn more about how to protect yourself and your legal rights, contact our law office to schedule a consultation today.
