San Jose Domestic Violence Attorney
Helping Clients Navigate California Domestic Abuse Laws
Dealing with domestic violence in any relationship is never easy. It is important to recognize that not all domestic violence is physical in nature. Domestic violence can include but is not limited to:
- Threats and intimidation
- Emotional abuse
- Physical abuse
- Verbal abuse
- Unwanted or harassing phone calls or text messages
- Disturbance of one’s peace
These acts (and others) are domestic violence when they are committed against a romantic partner or former romantic partner, spouse, family member, or another person in a close relationship with the perpetrator of violence.
Our San Jose domestic violence attorneys at Foster Hsu, LLP, can help you obtain protection against your abuser if you are a victim of domestic abuse.
Call 408-841-7200 to make an appointment at our San Jose office.
What Constitutes Domestic Violence Under California Law?
In the Domestic Violence Prevention Act, California law defines domestic violence as abuse perpetrated against any of the following people:
- A spouse or former spouse
- A current or former cohabitant (household member)
- A current or former boyfriend/girlfriend/dating or romantic partner
- A person that the abuser shares a child with
- The child of the abuser or a party to the proceedings
- Any person related by blood or marriage within the second degree (grandparent, grandchild, sibling, parent)
“Abuse” is defined in the law, and it is not limited to the actual infliction of physical injury or assault. Abuse can include:
- Intentionally or recklessly causing or attempting to cause bodily injury
- Sexual assault
- Placing a person in reasonable apprehension of imminent serious bodily injury to that person or another
- Stalking
- Threatening
- Harassing
- Destroying personal property
How Does Domestic Violence Impact Divorce in California?
A request for a Domestic Violence Restraining Order can result in much more than just a restraining order. A judge in a domestic violence case can make many orders which affect divorce and other family law matters.
The judge can determine custody of the children and parenting time for the parents and can issue a no-contact and/or stay-away order between the alleged perpetrator and the children. Even if there is no restraining order requested, a Family Law Judge may consider whether or not domestic violence exists in determining custody and visitation of the children. A judge can grant sole legal and physical custody to a parent if the other parent has committed domestic violence. The judge can also order no visitation to a perpetrator of violence or can order that any visitation with the children be supervised.
A domestic violence court order can require an abuser to move-out from and stay away from the home.
Domestic violence court orders can order payments of spousal support or child support.
Additionally, section 4325 of the California Family Code states that a misdemeanor criminal conviction for domestic violence within five years of filing for divorce, or which occurs during the divorce, creates a rebuttable presumption of no spousal support to the convicted spouse from the injured spouse. The court can also set the date of separation to the date of the domestic violence or earlier. Finally, under this section of the law, the court can give the abused spouse 100% of the community property interest in their own retirement and pension.
Compassionate Support For Victims Of Domestic Violence in Santa Clara and Surrounding Counties
Being the victim of domestic violence can be difficult to recognize and admit, especially when the abuse is not physical. You may find yourself in a position where you are trying to convince yourself, as well as the people around you, that there is a problem.
Protecting yourself and your children are what matter most. Talk with a family law attorney to understand your options for dealing with someone who is abusing you.
Start Getting Answers to Questions of Domestic Violence in the Bay Area
No matter what side of a domestic violence situation you are on, we can help you understand your options so that you can move forward. Contact our San Jose domestic violence attorneys online or call our office at 408-841-7200 to make an appointment.
