Being involved in a domestic violence case can be incredibly traumatic. Whether you have been accused of committing it or are the victim, you may be wondering how domestic violence impacts divorce and child custody cases in California. Hiring a San Jose domestic violence lawyer can help you get the answers you want and the support you need.
Choose The Law Offices of Rebekah A. Frye, P.C., to Handle Your Domestic Violence Case
While you may feel overwhelmed, enlisting her help and guidance can help alleviate some of the stress you are suffering from, giving you the direction and advocacy you need to build a safer future for you and your family.
An Overview of Domestic Violence in California
In accordance with the California Family Code FAM § 6211, domestic violence is gauged by abuse. Abuse is defined here as anytime someone recklessly or intentionally causes or attempts to cause bodily injury to another person. It also names sexual assault and notes that abuse is not only physical injuries. Domestic violence is often referred to as intimate partner violence. The Domestic Violence Prevention Act aims to prevent domestic violence across the state.
It is estimated that 85% of domestic violence allegations are made by women, and 58% of women in California have reported experiencing it themselves. Also, up to 2023, an estimated 45 million children had witnessed domestic abuse during their childhood.
How Domestic Violence Can Impact Your Divorce in California
There are two main areas in which domestic violence allegations can increase the complexity of a divorce case: child custody agreements and restraining orders.
Child Custody and Domestic Violence
Growing up in a violent and abusive home can be traumatic for your child, and since family law courts in California are focused on upholding the welfare of your child, domestic violence can heavily influence the outcome of a child custody arrangement during divorce proceedings.
While not every domestic violence accusation is true, it can increase the level of difficulty certain parents may face should they be labeled as the alleged perpetrator. Full custody may be entirely out of the picture, and you may still struggle to obtain partial custody instead.
Restraining Orders
California Family Code §6320 gives the victims of domestic violence the right to file a restraining order against their perpetrator. When you officially file a restraining order, you can gain access to added protection, as well as regulated interactions and conversations.
The individual against whom the order has been filed is prohibited from initiating in-person contact, as well as any contact carried out through phone conversations, texts, emails, and more. They are also not allowed to approach you or surpass a specified distance.
If you are the parent of a child, you can also seek temporary child custody and child support as you seek protection from the person who committed domestic violence against you and/or your child.
Hire a Domestic Violence Lawyer Today
Whether you have been accused of domestic violence or have been a victim of it, choosing to hire a domestic violence lawyer can help you advocate for your desired outcomes and avoid falling back into an old system that no longer meets your needs.
Your lawyer can help you protect yourself and other family members from further danger or the risk of kidnapping, for which parental abductions are currently the leading cause of abduction in California. In fact, there are over 200,000 parental abductions that occur in the U.S. each year. Additionally, 59% of all AMBER alerts issued in 2023 involved parents taking a child.
If you have any reason to fear for the safety of your child or yourself, contact law enforcement immediately and tell your San Jose family lawyer about your concerns. They can help you find a secure place to stay during your trial and assist you with increasing security measures.
Why Choose Us?
If you are trying to sort out how domestic violence can impact your divorce and/or child custody case in California, The Law Offices of Rebekah A. Frye, P.C., can help you figure out where to start. Attorney Rebekah Frye has been involved in family law for almost 30 years, which has shown her the importance of creating a safe home environment for every one of her clients.
FAQs How Domestic Violence Impacts Divorce and Child Custody Cases in California
How Much Does It Cost to Hire a Domestic Violence Lawyer in California?
It is difficult to estimate the cost of a domestic violence lawyer in California because every case has different needs and considerations. Unique variables can have an impact on price, such as the amount of time it takes for your case to conclude. Lawyers’ fees vary, as well. The level of complexity your case presents, and the number of additional processes that must occur due to the added element of domestic violence, can also affect the cost of legal services.
Can a Parent Lose Custody of Their Child After Being Accused of Domestic Violence in California?
While every case is unique, it is common in domestic violence cases for a child to be placed in the temporary custody of the non-abusive parent or a family member until the matter is resolved and an investigation has been concluded. There still may be an opportunity for the granting of visitation rights for the allegedly violent parent, typically supervised, but it can be hard to acquire this or additional access without the help of a lawyer.
What Can Be Used as Evidence of Domestic Abuse in a Divorce Case in California?
There is a wide variety of things that can be used as evidence in a domestic violence case in California. Examples include pictures of injuries or property damage, medical records, video recordings, witness testimonials, or character statements. Other common forms of evidence are police reports, financial records, professional input, medical imaging via X-rays or scans, texts, recorded phone conversations, and personal statements.
Your lawyer can help you gather evidence, as well as build a compelling case on your behalf.
How Long Will My Divorce Take if There Are Allegations of Domestic Violence in California?
Similar to the cost of hiring a lawyer, the precise amount of time needed to get a divorce tends to vary, but it will likely take longer for cases involving alleged domestic violence. This is because domestic violence can increase the level of complexity of a domestic violence case. Additional hearings and proceedings are required when a case involves domestic violence.
Connect with an Experienced California Domestic Violence Attorney
Contact The Law Offices of Rebekah A. Frye, P.C., to schedule a consultation and learn how we can help you navigate your divorce and/or child custody proceedings while addressing the impact of domestic violence.
