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When filing for a divorce, domestic or family violence is an important issue to bring up. It is important that you seek legal help from a lawyer sooner rather than later. As you are likely aware by now, divorce is a complex process. One wrong word said and it can lead to consequences in regard to your divorce case and potentially criminal prosecution.

If you are a victim of any spousal violence, you can get a restraining order against your abusive spouse with assistance from Majd Law Firm. Consult one of our attorneys in Beverly Hills for more information or advice on your case.

If you are at risk of being harmed immediately, contact your law enforcement quickly to ensure that you remain safe and out of harm’s way.

Action to Be Immediately Protected

One way to protect yourself quickly is to get a temporary restraining order or TRO, which protects the victim for 21 days and grans a court hearing that allows them to ask for a restraining order that lasts 1 to 3 years.

An emergency protective order or EPO can be issued by law enforcement and begins protecting you immediately. If you have an EPO, judges can order that an abusive spouse must leave the home to give the victim the time and opportunity to file for a better and more effective restraining order.

There are three other types of restraining orders you can use: a civil harassment, elder/dependent adult abuse, and workplace violence orders. Each of these orders work if you are in a situation involving violence between yourself and your neighbors, coworkers, or distant family members, for example.

Discuss your situation with Farbod Majd & Associates to help us determine what would be the best course of action for you to take for your particular situation.

Requirements to Qualify for A Restraining Order

Domestic violence restraining orders typically require that you prove the abuse you have suffered. In California, the courts define abuse as including some of the following situations, or having been in similar situations:

  • Causing or attempting to cause harm to a spouse or child
  • Putting spouse of child in the fear of serious physical harm
  • Threatening or using force to obtain sexual favors

Restraining orders can be used to prevent any action from their side or force them to take action. In the case of domestic violence, restraining orders help keep both you and your family safe. You must be able to prove that you currently have or have had a close personal relationship with the abuser to obtain a domestic violence order.

A close relationship includes:

  • Relation through blood-relation, adoption, or marriage
  • Having at least one child together
  • Having been or are currently engaged
  • Having been or are currently dating
  • Used to or currently living together
  • Used to be or are currently married

Domestic Violence Can Impact Child Custody

If the court discovers that one parent has a history of abusing their spouse or child within the past 5 years, then that parent has a chance of not be granted sole or joint custody. The exception to this rule is that if the abusive spouse can provide enough evidence, they may be able to overrule the judge’s decision.

Some of the factors that courts will consider when deciding if an abusive parent can have custody include:

  • If it is in the child’s best interests for them to have custody
  • If the abuser has completed any treatment programming or parenting classes
  • If the abuser has complied with the terms of the protective order
  • If the perpetrator has committed any other acts of domestic violence

The perpetrators of domestic violence will be allowed visitation unless it is seen as conflicting with the child’s best interests. The court will avoid exposing the child to any domestic violence by ordering that the visitation is supervises. This means that another trusted adult must be present during any and all visits between the child and parent or could even lead to the banning of overnight visits. It the child ends up being neglected or treated very poorly, the judge can permanently terminate any of their visitation rights.

In California, there are also laws in place to help protect families from abusive individuals. If you are going through a divorce with an abusive spouse who wants child custody, you will need to make sure that there is no room for doubt that they have been an abusive and poor parent and spouse.

Contact us at Majd Law Firm to Stay Protected

Whether you are being accused of domestic violence or if you are the one presenting the domestic abuse case, you must realize that there are legal standards in California as to what qualifies as domestic violence. One of our experienced attorneys at Farbod Majd & Associates will help you understand all of your rights and teach you what courses of action you can take in this case.

It is common in these cases that both parties will view the situation differently. A legitimate response to a particular situation can be seen as a threat or an argument over domestic violence can devolve into a factual dispute over what truly happened.

Farbod Majd Esq.
Divorce Attorney w/ offices in Beverly Hills/Los Angeles
Services in English, Turkish, and Farsi/Persian (Iranian/American Lawyer)

8383 Wilshire Blvd Suite 646, Beverly Hills, CA 90211

310.956.4600 | Fax: 310.878.8989 | [email protected]