Domestic Violence in California
If actual or threatened acts of abuse take place within a marriage relationship, a domestic violence case may arise. Protective orders can be issued as a preventive measure against further acts of abuse. Under the Domestic Violence Prevention Act (DVPA) within the CA Family Code § 6200, the protective order can be in the form of a restraining order. For a protective order to be recognized, reasonable proof of a past act of abuse must be established to the court's satisfaction. Abuse is regarded as the intentional or reckless attempt to injure the other party. Domestic violence can also come in the form of sexual assault or behavior that is a violation of California Family Code § 6320.
Domestic violence can either be of a physical or verbal nature. In some cases, repeated harassment is also cause for a domestic violence case. In order for a domestic violence case to be considered legitimate, the abuser and victim must possess a close relationship or be related to one another. Domestic violence must be in the form of some type of abuse, whether that includes sexual assault, harassment, or physical abuse. Schedule a case evaluation with our firm for legal guidance from one of our Ventura family lawyers. We can discuss the your circumstance and available options, such as filing a restraining order petition under the Domestic Violence Prevention Act.
Elders who are over the age of 65 may qualify for an Elder Abuse / Dependent Adult Petition for protection from an abuser. Abuse to an elder can include threats, pain, mental suffering, abduction, and isolation. In order to qualify, the victim must be an elder older than 65 years old or a dependent adult. Dependent adults are older than 18 years old and unable to make legal decisions by on their own. At Cutter & Lax, Attorneys at Law, we can help you determine whether you qualify for protection of elder abuse.
Legal Assistance from a Ventura Divorce Lawyer
Your domestic violence case can be handled by the family court where parties can seek intervention to handle their disputed familial issues. Domestic violence cases can affect many other aspects of a family law case also , especially when divorce is involved. If you are ending a marriage or a registered domestic partnership, the issue of domestic violence can have detrimental effects on your case. For this reason, whether you are the accused or the spouse of the accused, you must secure experienced and dedicated legal assistance. Domestic violence charges can impact child custody, child support, alimony, and other types of family law cases.
Child Custody and Domestic Violence
Child custody is one area of family law that can be majorly impacted through a charge of domestic violence. During a child custody case in California, various factors will be considered, including what is in the best interest of the child and whether he or she would benefit from visiting the parent who is accused of domestic violence. Men and women both can be affected from an accusation of domestic violence and both parties will require the attention and legal guide from our firm.
If you currently possess child custody or visitation rights, you must consider the impact that a domestic violence case can have on your ability to spend valuable time with your child or children. At Cutter & Lax, Attorneys at Law, we encourage you to take immediate action and fight for your rights. If, on the other hand, you are concerned about your children's safety due to a domestic violence case, we can help you through each step to ensure the safety of all involved. Domestic violence is a serious charge that must be handled in a cautious manner. Contact Cutter & Lax, Attorneys at Law today for experienced legal guidance!