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Domestic violence is about one person getting and keeping power and control over another person in an intimate relationship. Domestic violence exists in any relationship (e.g., where people live or have lived together and/or are family members or sexual partners) where one person threatens/inflicts another person with physical or sexual harm or emotional harassment, violates their personal sense of space or peace, or destroys personal property.
Domestic violence specifically includes child abuse or neglect, both directed at the child or witnessed by the child. All abuse against children is extremely damaging whether it is mental, physical, or sexual abuse or whether it amounts to neglect.
Domestic violence or abuse can include:
1. Verbal or written abuse
2. Any kind of physical violence
3. Coerced or forced sexual behavior or acts
4. Psychological or emotional abuse
5. Stalking someone in person, over the phone, or through the Internet
6. Preventing you from getting or keeping a job
7. Bites, scratches, slaps, punches, kicks, chokes or throws objects at you
8. Shoves you down steps or into objects
9. Locks you in confining spaces or physically restrains you
10. Does not let you sleep
11. Deprives you of food or heat
12. Scares you by driving recklessly; abandons you in dangerous places
13. Assaults you with weapons or objects
14. Does not allow you to seek medical attention when you are ill, injured or pregnant
15. Undermines your sense of self-worth by constantly criticizing you or belittling your abilities
16. Makes you fear he will physically harm himself, your children, pets or property
17. Isolates you from friends, family, school and/or work
18. Calls you names in public and in private
19. Makes you think you are crazy; plays mind games
20. Tries to damage your relationship to your children or family
21. Coerces you into having sexual contact without your consent
22. Touches you in ways that hurt or scare you
23. Makes you have sex in ways or at times that are uncomfortable for you
24. Demands sex when your are sick, tired or after beating you
25. Insults you in sexual ways or calls you sexual names
26. Refuses to let you use birth control
27. Forces you to watch while having sex with others
28. Forces you to have sex with others
29. Denies you protection from sexually transmitted diseases
30. Physically attacks the sexual parts of your body
31. Hurts you with weapons or objects during sex
If you or your children(ren) are a victim of domestic violence, BACKES & ASSOCIATES can help you obtain a "Move-Out" or “Temporary Restraining Order” (TRO). A restraining order may direct the abuser not to approach you and your child(ren), your home, work, vehicle, and the child(ren’s) school and daycare facility. It may also prohibit a person from making any efforts whatsoever to communicate with you, directly or indirectly.
A move-out order is a court order that evicts the abuser from the family home. Generally, the Sheriff’s Department serves the papers on the abuser and orders him/her to leave the premises.
A domestic violence restraining order is a court order that protects you and your child(ren) from being abused by another person. You will have to go to court to prove your domestic violence case, and it is important to have an attorney who can represent your best interests. A competent attorney can make sure you are prepared for the hearing and have timely presented to the court any and all corroborating evidence.
Once a restraining order is issued, only the judge is authorized to revise or terminate the order. The TRO usually lasts until the next scheduled court hearing, during which time the judge will rule whether to continue or terminate the restraining order. If the person who is restrained violates the order, they can be charged with committing a crime.
Time is of the essence when seeking a domestic violence restraining order. In all domestic violence matters, we will do all we can to resolve such very personal and often painful legal matters as quickly and sensitively as possible. |
| Can an abuser get physical or legal custody the children? |
California law states that upon a finding by the Court that a party seeking custody of a child has perpetrated domestic violence against the other party seeking custody of the child, there is a rebuttable presumption that an award of sole or joint custody of a child to the abuser is detrimental to the best interest of the child. Often, an abuser must complete some or all of the following before an award of joint custody will issue:
1. Domestic violence class
2. Drug and/or alcohol counseling
3. Parenting class
4. Comply with all terms and conditions of probation or parole
5. Comply with all terms and conditions of a Restraining Order
6. Not commit any further acts of domestic violence
7. Demonstrate to the court that it would be in the best interest of the child to award joint custody
As you can see, domestic violence allegations can have a major impact on custody and visitation awards. An allegation of domestic violence can determine who gets sole custody of your children, and who pays spousal support. If you are involved in a domestic violence dispute and you would like to speak to an attorney, contact Marie A. Backes, Attorney at Law. We represent clients in San Diego County, Riverside County, and Orange County. Call our office for a free consultation. |
| If You Are the Person Being Charged With Domestic Violence, What Should You Do? |
| If a restraining order has been issued against you, you will be required by law to fill out and file an “Answer to Temporary Restraining Order” prior to the hearing. This is something you need to take very seriously because if proved, it will most certainly affect any Court ruling on custody and visitation and also can result in the court denying you spousal support. Hiring a competent attorney at the very outset is the type of proactive action that can make all the difference to the family law judge in making these orders. |
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| Backes & Associates offers excellent professional services in all aspects of Family Law including Divorce, Legal Separation, Domestic Partnerships, Child Custody and Visitation, Child Support, Spousal Support, Domestic Violence, Restraining Orders, Division of Property, Grandparent Rights, Premarital Agreements, Paternity and Adoptions. |
| Serving San Diego County, including North County, East County, and South County and, specifically including, the following areas: Pacific Beach, La Jolla, Bird Rock, Del Mar, Solana Beach, Cardiff, Encinitas, Rancho Santa Fe, Olivenhaim, La Costa, Carlsbad, Fairbanks Ranch, Oceanside, Vista, San Marcos, Escondido, Fallbrook, Rancho Bernardo, Rancho Peñasquitos, Mira Mesa, Poway, Point Loma, Coronado, Downtown, Miramar, Imperial Beach, Sorrento Valley, Carmel Valley, Temecula, Ramona, Alpine, El Cajon, Spring Valley, Chula Vista, San Ysidro, Julian, Clairemont, Lakeside, Jamul, Golden Hill, North Park, South Park, Hillcrest, Mission Hills,University City, UTC, Ocean Beach, Mission Beach, Scripps Ranch, Bonita, Borrego Springs, Valley Center, Lemon Grove, La Mesa, College Area, Linda Vista, Allied Gardens, San Carlos, Santee, Eastlake, Bonsall, Murrieta, San Clemente, San Juan Capistrano, Laguna Niguel, Mission Viejo, Lake Forest, Aliso Viejo, Dana Point, Orange County and Riverside County. |
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| DISCLAIMER: |
| The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Neither this web site nor its contents create an attorney-client relationship. |
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