Compassionate Advocacy For Domestic Abuse Victims
Divorce may occur for a variety of reasons. Infidelity is a common issue that permanently fractures a marriage. Money-related matters can also put a strain on the strongest of unions. While those divorce “symptoms” have validity, they do not compare to spouses suffering in silence due to physical and emotional abuse from their partner.
Domestic abuse is a terrible thing, and at Dahann Bowers Law, I am dedicated to helping those suffering from abuse to escape their abusers and move on with their lives. It is not an easy process, but I want to help you and give you an advocate and ally.
Help For Those Suffering In Silence
At my law firm, I focus on a higher level of legal advocacy and protection for my fellow Escondido residents victimized by abuse. I will remain at your side throughout the entire process to ensure protective orders are in place. If you are living with an abuser and suffering in silence, I will educate you on the various legal mechanisms that are available to help you. If protection orders are needed, I will pursue protective measures in civil and criminal law proceedings to put in place the following orders that the alleged abuser must follow in California:
- Staying away from you and your family members
- Stopping all communication with you
- Paying temporary child support to you
- Continuing mortgage payments or rent
- Relinquishing firearms and ammunition to law enforcement
- Periodic drug testing and counseling for drug/alcohol use or domestic violence
- Staying away from the children and their school
- Visitation with children only under supervision
My goal is to ensure your safety and help you move on.
How Does Domestic Abuse Impact Divorce?
The law takes domestic abuse very seriously, and it can have a profound impact on your divorce if it is established as part of your case. It will impact how the community property is distributed, how child custody and support are arranged, and how spousal support is to be handled.
If domestic abuse is successfully proven against one spouse, the victim is entitled to a greater share of the abuser’s retirement and pension benefits, up to 100%. In terms of child custody arrangements, if one spouse is found to have committed domestic violence, even if it never targeted the children, it will automatically create a presumption against that parent having sole, joint or physical custody of the child, as it is against the best interests of the child. This also impacts visitation rights.
If one spouse would normally be entitled to support after the divorce and they are found to have committed domestic violence, then the amount and duration of their spousal support may be reduced. If they are convicted of domestic violence, they are legally prohibited from receiving spousal support. Lastly, the court may impose an order for the domestic abuser to be responsible for all of the legal fees and costs of the victim’s spouse from the divorce, and they may file a restraining order against the domestic abuser to prevent them from ever owning a firearm or ammunition.
Take The First Step Toward Ensuring Your Safety
If you are a victim of spousal abuse, take the necessary steps to remove yourself from a dangerous situation. I am attorney Dahann Bowers, and I will take the steps necessary for you to start a new chapter in your life. Call 951-900-4647 or use my online form.