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Domestic Violence is a huge issue and problem in marriages and other domestic relationships.

Unfortunately domestic violence affects women of all races, classes and educational status. Even though some men are affected, the majority of the victims are women.

Many victims stay in abusive relationships for many years without ever reporting the violence to the authorities or even to their loved ones.  

As family law experts and women in their forties we recommend reporting violence to the authorities immediately when it happens and obtaining psychological help as well as legal help.

The steps that should be taken immediately are:

  1. Call the police.  The police will arrest the aggressor and also have the ability to contact a local judge at any time of night or day to obtain a three day restraining order.
  2. Get yourself to a safe place.  
  3. Contact a therapist that specializes in issues of abuse.
  4. Call a family law attorney. An attorney will immediately file an action in the family law court. This will allow the temporary restraining order to be extended on a temporary and then on a permanent basis.

There is a strategical benefit to file an action for domestic violence since it allows person that complains of domestic violence to obtain a kick-out order of the family residence of the perpetrator. If there is no domestic violence alleged it is virtually impossible to litigate the action while the other party is out of the house.

We have had many experiences with women who stayed in abusive relationships for many years without ever reporting it. This not only debilitates the woman but also makes it very difficult to obtain a restraining order later. This also impacts the children negatively as it teaches them that abuse should be tolerated. This lesson is then translated into their adult relationships which perpetuates the cycle of abuse.

In divorce and paternity cases, domestic violence is a very important issue that the courts consider in awarding custody of children. There is a presumption in the California Family Code against awarding custody to the abuser. However, the abuse HAS to be documented and reported for this presumption to apply. It is very difficult to walk into the Family Law Court and allege domestic violence which took place years ago without proof.

If you are interested in receiving legal advice, feel free to contact us at (323) 653-1600 or  [Link Removed]   

The above information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.


Kvlaw, Your links have been removed, please consider upgrading to premium membership.

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