Are You Facing Domestic Abuse?
Pursue Legal Protection With Our San Jose Domestic Violence Lawyer
Are you involved in an abusive situation? We understand that you may fear to take legal steps to separate yourself from your abuser. Speak to our San Jose domestic violence lawyer about safe options. An attorney can help you protect yourself and your family during these difficult times.
At Law Offices of Thomas Nicholas Cvietkovich, we are dedicated to helping victims of domestic violence. Attorney Nick Cvietkovich practices both family and criminal law. This unique experience gives him a qualified edge to help clients facing domestic violence and family matters.
What Is Domestic Violence?
It is important to understand that domestic violence encompasses much more than physical assault or injury. This all-too-common type of violence can take many forms. Domestic abuse can include one or a combination of the following:
- Physical abuse
- Emotional abuse
- Verbal abuse
- Sexual abuse
Types of Domestic Violence Abusers
Under California law, domestic violence encircles more than married partners. In fact, the relationship does not have to be romantic at all. However, a close relationship must exist.
Domestic violence abusers can be any of the following:
- Spouse or registered domestic partner
- Separated or divorced partners
- Someone you date or used to date
- Someone you live with or used to live with as more than roommates
- Parent of your child
- Relative, including, but not limited to a parent, grand-parent, child, sibling or in-law
If you are in danger now, please call 911. Abuse or the threat of abuse in a domestic relationship may warrant a restraining order. The purpose of a domestic violence restraining order (DVRO) is to provide victims enough time to create the necessary changes needed to create a safe environment for themselves and their family.
A DVRO has many benefits. A restraining order may require the abuser to adhere to the following:
- Stay-away orders concerning you and your loved ones
- No contact orders
- Child custody and child support orders
- Orders about the possession of firearms
Our San Jose domestic violence lawyer can assist you in establishing the proper boundaries and safety procedures you need and deserve.
Can Domestic Violence Affect My Divorce?
California is a no-fault divorce state. Generally, no matter the situation, “irreconcilable differences” will be the reason labeled on the divorce filing. Even so, victims of domestic violence may introduce evidence of abuse to the court during the divorce process.
The court takes accusations of domestic violence seriously. This is especially true if children are involved.
How Does Domestic Violence Affect Spousal Support?
Under California Family Code Section 4325, if a domestic violence conviction exists within five years of the divorce filing, then it is presumed that the accused will not receive spousal support. However, this is not automatic and can be contested and overturned.
Depending on the circumstances of the case, the court may award greater spousal support to victims of abuse. Our San Jose domestic violence lawyer can help protect your best interests during divorce proceedings.
How Does Domestic Violence Affect Child Custody?
An accusation of domestic abuse will be under serious scrutiny from the judge in a custody hearing. There is specific legislation in place that ensures the health and wellbeing of every child in these types of proceedings.
The accuser may petition for temporary full custody before court proceedings, but he or she must provide proof of domestic abuse. Based on evidence and testimony, the court must decide what is in the best interests of the child.
If the judge determines the accused guilty of domestic violence, then a “rebuttable presumption” is applied. The defendant can try to disprove the allegations with enough relevant evidence. If unswayed, the court will rule that the defendant should not have custody rights.
Please note that unless it is not in the child’s best interest, the court must grant fair visitation rights to each party. If it is not in the child’s best interest to be alone with the one party, then the court may grant supervised visits. However, this is on a case-by-case basis.
In extreme cases, the court may revoke all parental rights. This means one party may lose all physical and legal rights to the child.
Ready to Take the Next Step? Call Our San Jose Domestic Violence Lawyer
You have legal protections available to you. Our San Jose domestic violence attorney can help you understand your best options in a safe environment.