Domestic Violence Attorneys in Los Angeles, CA
Domestic violence is, unfortunately, still very common in homes throughout the state of California and across the United States. Zitser Family Law Group, APC has been a legal resource for victims of domestic violence for many years. Our firm is ready to guide you through your legal options and help you take the proper steps to secure a better future. Especially if there are children involved, it is important to stop the violence and move forward towards a better situation. If you need an experienced and skilled attorney with years of experience fighting for victims of domestic violence, contact Zitser Family Law Group today to discuss your case. Our Los Angeles domestic violence lawyers treat our clients with compassion and respect.
How is Domestic Violence Defined in California?
In the state of California, domestic violence can be defined as “abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship.” While abuse does include physical violence, sexual assault, making the other party reasonably afraid of harm, or harassing, stalking, destruction of property, or making other threats, it also can include emotional, verbal, and psychological forms of abuse.
Types of Domestic Violence
Domestic violence can be seen as a pattern of abusive behavior used by one partner to control the other. While some situations involve physical violence, others contain no physical abuse at all. Domestic violence can come in many forms, including:
- Emotional abuse. This type can involve manipulating a partner’s emotions and making them feel worthless, insecure, or afraid. Examples include name-calling, humiliation, threats, insults, and constant criticism.
- Psychological abuse. This kind of domestic violence can aim to break down a partner’s sense of self-worth and reality. Typically, signs are gaslighting, isolation from family and friends, and excessive monitoring of their behavior.
- Verbal abuse. Constant yelling, threats, insults, and humiliation can be aspects of verbal abuse. Many times, these words include blaming the victim for actions carried out by the abuser.
- Financial abuse. This type can include controlling the partner’s access to money and their agency. The perpetrator of these actions might withhold money, sabotage their victim’s credit score, or force the person into jobs they do not want.
- Stalking. This method can involve unwanted and repeated contact that makes a victim feel frightened or unsafe. Actions can include following people, showing up uninvited, or constantly calling or texting.
It is important to understand that domestic violence can be a combination of behaviors instead of just one type. No single incident can define domestic violence, but a pattern of abusive behavior that seeks to control someone can be a red flag.
Domestic Violence and Children
Even if children are not directly abused themselves, witnessing domestic violence in the home can have a devastating impact on their emotional and psychological well-being. Children can experience many issues, such as fear, anxiety, confusion, insecurity, depression, withdrawal, and behavior problems. Children who deal with these problems can live in a constant state of fear of the next outburst or violent episode among their parents.
These children can struggle to understand abuse and may believe it is their fault. Believing these things can cause children to withdraw from their friends and activities, and they may experience symptoms of depression. Children who witness domestic violence can be at an increased risk of mental health problems, substance abuse, and unhealthy relationships throughout their futures.
Understanding Domestic Violence and Its Far-Reaching Effects
Domestic violence can occur at every socioeconomic level, and no one is immune. Our attorneys understand the unique challenges faced by those in relationships or marriages involving domestic violence. These challenges can include:
Discretion and Confidentiality
We handle all of our domestic violence cases with sensitivity. Our team understands that your situation requires immediate attention and caution to prevent further harm. We use discretion and seek to protect your privacy throughout the entire legal process.
Child Custody Changes
If your case involves children, we can advocate for custody arrangements that prioritize your and your child’s safety. Making decisions in your interests can involve seeking sole custody or supervised visitation to protect you and your children from further abuse. We can also ensure child support calculations accurately reflect the current financial situation when applicable.
Social Stigma
Social stigma can affect domestic violence cases, especially when high-asset individuals are involved. There are several reasons why victims can hesitate to come forward. High-profile individuals and their families are often in the public eye, and the fear of negative publicity or media attention can deter them from seeking help. The desire to protect your family’s reputation and social standing can also be important.
Complexities of Business Ownership
Many times, abusers own a business, which can make resolving family law issues difficult. Your financial interests should be protected in the event of a separation. This process can involve considering factors like business valuations, cash flow, and other income streams to ensure fair property division.
Protection of Assets
We can work diligently to protect your assets from being used as a tool of control by your abuser. Combatting this behavior can involve requesting temporary restraining orders on financial accounts or pursuing fair property division. In these complex financial situations, we may involve accountants to value assets or identify hidden sources of income or wealth controlled by your abuser.
Our Comprehensive Legal Advocacy
Our Los Angeles domestic violence attorneys offer a comprehensive range of legal services to empower you and help you protect your future, including:
- Criminal Charges. If your abuser faces criminal charges, we can act as your liaison with law enforcement and the prosecuting attorney’s office. Your voice matters throughout the criminal justice process. Advocating for a just resolution is necessary. In some cases, we can pursue litigation against your abuser to recover damages for your injuries.
- Divorce Representation. If you are considering divorce, our compassionate attorneys can advocate for your rights throughout the legal process. We can address complex issues, such as child custody, spousal support, and the equitable division of marital assets, including real estate, investments, and other property.
Our team can handle all elements of high-asset divorces, and we can work to secure the most favorable settlement to reflect your needs and long-term goals. - Support Services. Domestic violence can have a profound impact on your life. In addition to legal representation, we can connect you with essential support services to help build your new life if you need referrals to domestic violence shelters, counseling programs, financial aid resources, and other social service organizations. Our goal is to empower you with the support you need to heal.
Domestic Violence Restraining Orders
In California, you may request a domestic violence restraining order if you have been abused or had threats of abuse made against you by someone you have an intimate relationship with. It is important to note that the term “intimate relationship” can include a wide range of individuals, such as:
- Spouses or domestic partners
- Former spouses or domestic partners, whether divorced or separated
- Someone you are currently dating or once dated
- Someone you currently live with or once lived with, but you had a relationship greater than just being roommates
- Someone you have a child with
- Any close relatives, such as a parent, child, sibling, grandparent, or in-law
Other Types of Restraining Orders
California also provides the opportunity for restraining orders against an individual with whom you do not have an intimate relationship. These include the following:
- Civil harassment restraining orders, which are applicable for neighbors, roommates, distant family members, coworkers, etc.
- Elder abuse/dependent abuse restraining orders
- Workplace violence restraining orders, which aim to protect employees from another individual
What will a Restraining Order do for me?
A restraining order aims to protect victims of abuse. It can ensure that the abusive party has no contact with you or your children, stay away from your home or job, not be permitted to own a gun, pays certain bills, follows child support and child custody/visitation orders, completes a 52-week batterer intervention program, and more. It is important to be aware that a restraining order does not constitute a divorce or establish paternity with the party. If you are suffering any sort of abuse, it is important that you take your legal options into consideration as quickly as possible.
The Effect of Domestic Violence on Family Law Cases
When an act of domestic violence occurs, it doesn’t only trigger criminal or civil legal issues. It can also result in complications for any family law cases. The reality is that domestic violence can impact your child custody dispute or divorce.
Instances of domestic violence typically take place in private. This leaves very little in the way of physical evidence, and instead, the case will rest mainly on the stories of the two opposing spouses. Because of this, it may be difficult to prove a civil case or to successfully have your abuser charged and subsequently prosecuted on any criminal charges.
However, you can split from your abuser without having to vocalize your reasons due to the fact that California is a no-fault state. Unlike a criminal or civil case, you will not have to show any evidence for your desire to divorce and do not have to share your story of abuse in court if you are not comfortable doing so.
It is true that having proof of any domestic violence can be helpful during your divorce proceedings. In most cases, divorcing couples are entitled to half of the community property and may also qualify to receive spousal support. If domestic violence is proven, the judge may then limit the ways in which the abuser can receive a favorable outcome. A conviction of domestic violence may also help keep you from having to pay any spousal support to your abuser.
When it comes to matters of child custody, California courts typically prefer parents to share joint physical and legal custody of their children. This can offer the children the most stability, which is often believed to be in the best interest of the children. However, if one parent is harmful, the courts could revoke their parental rights.
Evidence Used to Prove Domestic Violence
Successful prosecution of criminal domestic violence charges can increase the chances of the abusive parent being kept away from their child. However, when a criminal conviction is not handed down, the parent arguing for sole custody of their children must provide adequate evidence to support their case and allegations of abuse. This evidence can include:
- Video footage of abuse
- Photographic evidence of abuse
- Voice recordings
- Police reports following incidents of abuse
- Hospital records or visit summaries following incidents of abuse
- Eyewitness testimony from individuals who saw the incident or saw the victim directly afterward
- Calls to certain California social groups for assistance that were documented
It is important to keep in mind that evidence of domestic abuse might not be enough to keep the dangerous parent away from the children. The judge will consider the evidence, along with other factors presented in your claim, before a decision regarding the abuser’s parental rights is finalized. An abusive parent can still retain custody or visitation rights if they can show that their behavior has been reformed. This evidence might include:
- Completion of certain parenting courses
- Undergoing a domestic violence treatment course or program
- Compliance with probation, imprisonment, restraining orders, or parole
- Going through a drug or alcohol abuse program
In the state of California, courts will always prefer that both parents be involved in the lives of their children as long as that parent’s presence is in the best interest of the children. Therefore, if domestic violence has occurred in the household, it is prudent to gather as much evidence as possible to prove the abuse. Strong evidence can make obtaining sole custody of your children more likely.
The Importance of a Los Angeles Domestic Violence Attorney
We understand the complexities of domestic violence cases involving Los Angeles families and are committed to protecting your safety, well-being, and financial security. At Zitser Family Law Group, APCwe know that domestic violence cases are complex and emotionally charged. We are dedicated to providing compassionate and effective legal representation for victims.
Experienced and Objective Advocacy
Our firm is led by skilled attorneys who understand the legal nuances of domestic violence cases. We can advocate for your rights while maintaining an objective approach to ensure all sides are heard fairly. We practice clear communication when dealing with our clients. We can update you on any developments about your case, answer your questions promptly, and ensure that you can actively participate in decision-making.
Mediation
Each case is unique. We can spend time understanding the context of your case. However, your safety is what matters most to us. Mediation services can be explored if both parties are interested in resolving disputes outside of court, which could be done safely. For instance, mediation could help resolve child custody issues.
Experience With Complex Cases
Our attorneys have dealt with many domestic violence cases involving complex outside matters like high-value estates or difficult child custody situations alongside a possible divorce. These cases can be complicated because they include aspects like business valuations, tax consequences, inheritances, and long-standing disputes.
We can navigate situations involving high tension or a lack of cooperation to ensure we seek what you desire in a professional and efficient manner.
FAQs
Q: What Are the Typical Consequences of Domestic Violence in California?
A: The typical consequences of domestic violence in California can involve criminal or civil penalties. Criminal charges can depend upon how severe the violence was, ranging from misdemeanors to felonies. Courts may issue restraining orders in civil courts and attempt to prohibit defendants from contacting or approaching alleged victims. If children are involved, the abuser may lose custody or have only supervised visitation rights.
Q: Can I Drop Domestic Violence Charges in California?
A: Generally speaking, a court does not drop domestic violence charges just because a person requests it. District attorneys have discretion regarding prosecution decisions, so reconciliation between partners could lead one individual’s hired attorney to negotiate with the prosecution. Charges being dropped or reduced could occur when there is no fear about an individual’s safety.
Q: How Are Domestic Violence Cases Handled in California?
A: Reports that involve domestic violence are taken very seriously by law enforcement officers in California. Law enforcement can send officers to the home if someone calls and reports domestic violence. These officials can arrest the alleged person committing violent acts. The district attorney’s office can decide later whether or not to file criminal charges.
Q: What Happens After Domestic Violence Cases in CA?
A: Depending on the outcome of the case, many domestic violence cases in California end with the defendant paying fines and a restraining order issuance. If someone violates the restraining order, the prosecution typically seeks jail time for the person breaking the terms. If you need help with your case, it can be wise to contact a California domestic violence attorney as soon as possible.
Contact a California Domestic Violence Attorney
At Zitser Family Law Group, your safety and wellbeing is our top priority. If you are being abused by another party, please do not hesitate to contact our firm as soon as possible so we can help you receive the protection you need. If you are suffering serious physical harm, contact 911, and then call our firm to ensure your restraining order is obtained as soon as possible.
