Domestic violence impacts families from all walks of life in Pasadena, California. If your family is dealing with domestic violence, our team at Berenji Divorce & Family Law Group can help. Call (310) 271-6290 today to schedule a confidential consultation with an experienced Pasadena domestic violence lawyer.
Our attorneys have over 70 years of experience handling sensitive family law issues. If you’re in an abusive relationship, our attorneys can help you develop a plan. We’re solely focused on protecting your best interests. Call our law offices today to get the legal advice and support you need during this challenging time.
Why Should I Call Berenji Divorce & Family Law Group if My Family Is Dealing With Domestic Violence Matters in Pasadena?
We know it can be tough to stand up and defend yourself when someone you love is abusive. Your safety is much too important to remain silent. Our Pasadena family lawyers at Berenji Divorce & Family Law Group want you to know that you aren’t alone. We’re here to help at every stage.
Our team is dedicated to helping our clients in Pasadena, CA, achieve both their short-term and long-term goals. We believe that personalized support and custom-tailored legal strategies are critical to successfully resolving complex family law matters.
For our success, we’ve been recognized within the legal community by:
- Super Lawyers
- Avvo, with a perfect-10 lawyer rating
- The National Trial Lawyers, with a “Top 100” designation
You deserve a fresh start. Our Pasadena family law attorneys are here to help. Regardless of your situation, you can count on our team for help. Call today for your initial consultation.
Overview of California’s Laws on Domestic Violence
Domestic violence in California is a crime. Depending on the circumstances, the abusive party could face felony or misdemeanor charges. Domestic violence consists of two primary elements:
- A close personal relationship exists between the abusive party and the alleged victim
- The abusive party engaged in conduct that qualifies as domestic violence under California law
Perpetrators of domestic violence can face significant criminal charges–criminal defense lawyers are concerned with these matters. Domestic violence can also have significant civil and family law consequences. Families struggling with domestic abuse have legal options. It’s important to understand the laws that apply in domestic violence cases.
What Relationships Trigger Application of California Domestic Violence Laws?
Domestic violence can’t occur between strangers. It is the relationship of trust and love that makes the violence so shocking.
Domestic violence includes certain conduct committed between:
- Spouses
- Former spouses
- Domestic partners
- Former domestic partners
- Individuals who share a child
- Romantic or dating partners
- People who are engaged to be married
- Former romantic partners
- Cohabitants, or those who regularly share a household
- Former cohabitants
- Family members, including children, parents, siblings, grandparents, and grandchildren
As you can see, a romantic relationship can form the basis for a domestic relationship–but it’s not required.
What Types of Conduct Qualify as Domestic Violence in California?
A number of acts can be classified as domestic violence in California. It’s important to understand that domestic violence is not limited to physical abuse. Threats, harassment, and intimidation can qualify as domestic violence, depending on the circumstances.
Conduct that can qualify as domestic violence in California includes:
- Intentionally or recklessly causing or attempting to cause bodily injury
- Sexual assault
- Actions that cause someone to fear serious bodily injury to themselves or another person
- Attacking, striking, battering, or molesting
- Stalking, threatening, or harassing
- Disturbing the victim’s peace through coercive or controlling behavior, such as isolation, depriving the victim of basic necessities, or interfering with their mental or emotional well-being
Many of these acts may also violate a domestic violence restraining order. Depending on the circumstances, prosecutors may pursue criminal charges for offenses such as assault, battery, or sexual abuse.
Domestic violence often escalates over time, so it’s important to take any form of abuse seriously. Our Pasadena domestic violence lawyers are here to protect your rights and advocate for you every step of the way.
Understanding Your Right To Seek a Restraining Order Based on Domestic Abuse in California
Domestic violence can begin at any point in a relationship. Sometimes it’s the reason to seek a divorce. In other cases, the abuse may only begin once you decide to file for divorce. Regardless of how or when the abuse occurred, you can seek a protective order to protect yourself and your family.
Domestic violence restraining orders can be tailored to your situation. Most often, they require the abusive party to stay away from you and stop contacting you.
Domestic violence restraining orders can require the subject to:
- Remain a certain distance away from the protected parties
- Refrain from harassing, stalking, threatening, or harming protected parties
- Move out of a shared residence
- Not have any firearms, guns, ammunition, or body armor
- Pay child support if the parties share a child
- Pay spousal support if the parties are married
When children are involved, the judge may also include child custody orders within the protective order.
Once a restraining order is in place, law enforcement has the authority to enforce its terms. Violating a restraining order is a crime in California.
How Long Does It Take To Get a Restraining Order in California?
It depends on the circumstances of your case. If you’re in immediate danger, a judge may issue a temporary restraining order very quickly. After you complete the paperwork, the order can be in place quickly (within a day or two).
Obtaining a final restraining order takes more time. If you need immediate protection, consulting an experienced attorney is the best way to get that protection. Our lawyers are always available to talk about legal representation–and your consultation is entirely confidential.
How Can Domestic Violence Impact My Divorce Proceedings in Pasadena?
You can obtain a no-fault divorce in California. This means you don’t have to prove that your spouse did anything wrong to get divorced. That said, domestic violence can impact your divorce.
For example, in California, domestic violence can affect spousal support. In some cases, a domestic violence conviction within the previous five years creates a rebuttable presumption that the abusive spouse should not receive spousal support.
Courts also have the authority to consider domestic violence convictions when dividing the couple’s community property. Perpetrators of domestic violence may also be ordered to cover the victim’s attorneys’ fees in a divorce.
How Can Domestic Violence Impact Child Custody Matters in Pasadena?
Courts always decide child custody issues based on what is in the child’s best interests. Judges take allegations of domestic violence very seriously when deciding child custody matters. If the court decides that a parent has committed domestic violence in the past five years, California family law creates a rebuttable presumption that the abusive parent should not have custody.
This means:
- The courts start with the assumption that giving the parent custody would not be in the child’s best interests
- The judge will only grant custody if that parent can prove that it would be in the child’s best interests, based on clear and convincing evidence
The non-abusive parent will almost always be given sole custody. That’s true until the abusive parent can provide solid evidence to demonstrate a change in their behavior.
That said, courts can grant visitation rights to the abusive parent. Supervised visitation is the most common arrangement. When a protective order is in place, its terms will be respected in determining child custody.
Additional Resources for Victims of Domestic Violence in Pasadena, CA
If you are a victim of domestic violence, getting help should be your first step. Many resources are available to help keep you and your family safe. If you’re in imminent danger, call 911. Our attorneys can quickly help you request a temporary restraining order. Our attorneys can also help you prepare a plan to safely leave the abusive party.
California also administers a program called “Safe at Home”. This program provides a second mailing address for victims of abuse. If you’re worried that your abuser may track you down after you’ve left, this program can help.
Unfortunately, even researching domestic violence can cause an abusive party to become more violent. Delete your browsing history. If possible, contact an attorney through a trusted friend or family member–or even at your place of employment.
Contact an Experienced Pasadena Domestic Violence Attorney for a Confidential Consultation Today
We know that domestic violence puts you in an incredibly difficult situation. A person you trusted has violated your trust in the most severe way possible. Our team at Berenji Divorce & Family Law Group is here to offer support, guidance, and resources in Pasadena, CA.
Contact us to schedule a consultation with an experienced Pasadena domestic violence attorney to get the help you need today.
