Request a Free Consultation
Sadly, many people today face the threat of domestic violence, particularly in marriages that are moving toward divorce. It may be preceded by periods of verbal abuse or magnified by the presence of firearms or substance abuse in the home. If you feel threatened or have become a victim of domestic violence, contact a San Diego domestic violence lawyer at Scott Family Law as soon as possible. We can assist you in obtaining protection provided under the law. Contact us today for a free consultation at 1-858-974-4900.
Domestic violence is abuse or threats of abuse when the abuser and person being abused have been in an intimate relationship. This includes marriage, domestic partnerships, living together, dating, or having a child together. Domestic violence is a threat for many people who are married, and estimates indicate that almost 70 percent of all instances of domestic violence that occur in marriage take place after a couple has separated and are moving towards a divorce. However, that does not mean that there is no threat before separation has occurred and after the subject of divorce has been mentioned. Anyone who fears being abused in this regard should seek the immediate help of experienced San Diego domestic violence attorney.
In the context of domestic violence, abuse is defined as:
State laws provide certain protections for victims of domestic violence. If you are under threat or have suffered abuse, an experienced San Diego domestic violence lawyer can assist you in petitioning the court for an emergency protective order or restraining order in civil or criminal court. You may qualify for protection even if you have not suffered physical harm if there has been emotional abuse or fear of imminent harm.
California’s penal code section 273.5 states that it is illegal to intentionally injure a spouse, partner, cohabitant, or fellow parent in an act that is legally considered domestic violence. Any person who willfully inflicts injury on a spouse, cohabitant or fellow parent is guilty of a felony.
If the abuser is convicted, California law requires imprisonment in state prison for up to 4 years, the time frame can vary. They could also be imprisoned in county jail, but not more than one year. Additionally, they could get a fine worth up to $6,000. It is possible for the convict to be fined and imprisoned.
A domestic violence restraining order is a court order that can help protect you from abuse or threats by a spouse or someone with whom you have had a close relationship. This type of restraining order is only issued if you have one of the following relationships with the person who abused or threatened to abuse you:
Among other things, in domestic restraining order, the court can order the person who has abused or threatened to abuse you to:
There are a few signs that could suggest domestic violence is present or likely in a relationship. If your or someone you know has been abused, please contact our San Diego divorce lawyer to protect yourself and your rights.
Many instances of domestic violence are preceded by a period of verbal threats and abuse. Specific examples of these verbal threats include accusations by one spouse that the other has engaged in infidelity, threats that warn of impending physical violence or even death and many other examples where something an abuser says is clearly indicative of dark emotions and urges that exist inside of that person.
While many instances of domestic abuse involve simple assault and battery, there are many others that involve firearms and weapons. If someone who may be a threat to abuse a spouse has access to firearms in the home or even common household items that could be used as weapons, the other spouse should sense that abuse could be imminent and treat it that way.
Another serious warning sign for forthcoming domestic abuse is the presence of another form of abuse – substance abuse. If the would-be abuser has a drinking problem or regularly uses any type of intoxicant that leads to the potential for incoherent thoughts, actions, and violence, the spouse who is under threat should waste no time in protecting him or herself from what could transpire the next time those substances are abused.
No one should have to live under the threat of domestic violence. If you have been threatened or abused by your spouse or domestic partner, a family member, or someone with whom you have had an intimate relationship, call the San Diego domestic violence attorneys at Scott Family Law right away for the legal help you need.