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Understanding Domestic Violence: Types and Implications in California

Domestic violence is a pervasive issue that affects many men and women across the world. According to CDPH, one in five women and one in seven men have reported facing domestic violence. However, it is defined as a pattern of abusive behavior, and it takes various forms. In this month’s blog, we will take a closer look at this important topic, its legal implications, and the resources available for victims.

Defining Domestic Violence in California

While it often goes unreported, it is important to understand what domestic violence is, as well as why you may need to act. California law defines domestic violence as any form of abuse committed between individuals who have a close relationship, such as spouses or former spouses, cohabitants, individuals in a dating relationship, or parents and their children. This includes threatening to use force against him or her or any physical force that requires a restraining order.

Related: Learn more about restraining orders in California here.

Domestic Violence Penalties in California

In California, penalties for domestic violence typically vary between misdemeanor and felony charges, making them what’s known as “wobbler” offenses. The decision on whether to classify the crime as a misdemeanor or felony is based on factors such as the individual’s prior criminal record and the extent of the victim’s injuries.

Types of Domestic Violence in California:

1. Physical Abuse:

This includes hitting, punching, kicking, slapping, choking, or any form of physical harm inflicted on the victim. Bruises, broken bones, and other injuries are common outcomes of physical abuse.

2. Emotional or Psychological Abuse:

This type of abuse is often less visible but equally damaging. It includes verbal threats, insults, humiliation, manipulation, and isolation from friends and family.

3. Sexual Abuse:

Sexual abuse involves forced or coerced sexual acts, including rape, unwanted touching, and sexual degradation. These are also all harassment, and you have the right to get a restraining order to avoid any arguments.

Related: Learn more about how to deal with ex-spouse harassment here.

4. Financial Abuse:

Financial abuse occurs when the abuser controls the victim’s finances, restricts access to money, or sabotages their employment or financial stability. This can leave victims financially dependent and unable to leave the abusive relationship.

5. Digital Abuse:

With the rise of technology, digital abuse has become increasingly common. Examples of digital abuse includes: revenge porn, sexually harassing a partner online, controlling a partner’s social media accounts, requiring that a partner keep their phone with them at all time to respond to calls and texts, and using technology to monitor the other person’s actions both on and offline.

Conclusion

If you or someone you know is experiencing domestic abuse, you don’t have to face it alone. Family Law Richard E. Young & Associates is here to provide compassionate support and expert legal guidance through this challenging time. Our experienced team understands the complexities of domestic abuse cases and is committed to advocating fiercely for your rights and safety. We offer a safe and confidential environment where you can discuss your situation without judgment. Don’t wait any longer to seek help – contact us today at (949) 951-9529 to schedule a consultation and take the first step towards reclaiming your life.


How to Deal With an Ex-Spouse Harassment

The relationship between ex-spouses is tricky and often hard to manage. While some are ready to move on from past relationships, others are so mired in anger and other negative feelings that they can’t let go, especially during a divorce. The law knows this and offers some ways of legally dealing with harassment if your ex-partner keeps harassing or intimidating you. The following are some ways to help you deal with this.

What is Harassment?

Harassment is any unwanted behavior that can cause physical and mental damage. Harassment comes in many forms, from verbal abuse to stalking to physical abuse. These are all harassment as per Californian harassment laws. If you are a victim of harassment, contact the police or your domestic violence attorney to decide what actions you may be able to take.

Should You Retaliate?

The first step in dealing with a harassing ex-spouse is to always take the high road and never get back at them. This will just make things worse, and you might even share culpability with them if the problem reaches the court. Instead, document the harassment and get a restraining order to avoid any arguments or discussions that could escalate the situation.

Related: Learn more about the benefits of getting a restraining order here.

Empower Yourself with Options

If your ex-spouse’s harassment continues and the restraining order doesn’t do the trick, go for other options. As additional protection, inform some trusted friends about the situation and seek legal assistance if your ex-partner is still trying to bait you into an interaction. Legal action can provide you with legal protection from further harassment and ensure that your ex-spouse faces legal consequences for their behavior.

Related: learn more about how and when to file a complaint for domestic violence here.

Reach Out To Local Support and Resources

Dealing with a harassing ex-spouse is indeed a troubling time, but it doesn’t mean it’s impossible to remain emotionally safe. You can reach out to a support group for people who are going through a divorce, as they can offer you practical advice and emotional support. Many local resources can be found here.

Rely on Family Law Richard E. Young & Associates

Family Law Richard E. Young & Associates has a history of helping clients protect themselves through harassment cases. We are well-versed in domestic violence laws and will get your rights back by any means. Contact our law firm today at (949) 951-9529 or visit our website for more information.

Filing a Complaint for Domestic Violence: Step by Step

Domestic violence is punishable by law, whether a man or a woman is targeted, and whether it’s physical, psychological, or sexual. This concerns violence committed between married and unmarried couples. However, whatever your situation, you must not remain without reaction if you are a victim, and you have to start acting to regain your reputation and rights. In this month’s blog, we’ve compiled the main steps to take in order to get your desired outcome.

Understand Domestic Violence Laws

Fights between couples are common. However, not all domestic disputes can turn violent and abusive. On the other hand, if you were seriously abused or physically harmed, or even your significant other starts throwing things, start acting without second thoughts. These are all abuses as per California domestic violence laws. Gather as much evidence as possible to support your complaint file. For instance: photographs, audio and video recordings, testimonials, medical opinions, etc.

Report to the Police

When you first meet with the police, they will write up a strong report. The report will be written based on the evidence you’ve gathered and accompanied by basic information like the date and location of the case and a summary of what happened. Nevertheless, the police will ask you more questions and will ask you for details about what happened. So be prepared and be honest!

Be Accompanied by a Specialized Lawyer and Level with Them

The recent famous trial between Johnny Depp and Amber Heard is a case in point on how important choosing a specialized lawyer can benefit you. Choosing an experienced and specialized lawyer is a critical step to give you every chance of being well-advised and defended. He or she will provide all the answers to the questions you have and, if necessary, will represent you in court and accompany you throughout the proceedings.

Related: Learn more about why you need a domestic violence attorney here.

Conclusion

Violence between significant others is one of the most delicate cases because of the closeness and attachment between the perpetrator and the victim. The victim may find themselves confronted with ambivalent feelings, but still, domestic violence is a big no-no in any case.

If you live in Orange County, CA, and need the help of an expert domestic violence lawyer, seek out Family Law Richard E. Young & Associates. We are well-versed with California laws and will get your rights back by any means. Contact our firm today at (949) 951-9529.

Child Custody and Visitation Laws in California

Whether you have been divorced or separated from your partner, child custody can become a pressing issue. The responsibilities and rights parents have over their children must be negotiated, in or out of court. These cases tend to make it into the courts because of the importance people place on their children, and the tense emotions involved. To learn about the specifics of California child custody and visitation laws, continue reading our blog post.

Types of Custody

There are two difference types of child custody: legal and physical. Legal custody refers to the parent who makes significant choices for their children, in regards to medical, education, travel, or overall welfare. Typically, legal custody is either shared between both parents or given to simply one. The second type, physical custody, refers to the parent(s) your children live with. Typically, the parents decide on joint physical custody or one might request primary responsibilities, which means the other parent has only visitation rights. It is difficult for a child to spend half their time with one parent and half with another, so the time is usually imbalanced.

Judge’s Priorities

Parental custody is decided based on what the judge believes is in the child’s best interests. When deciding on custody, courts will look at the child’s age, health, bonds with their parents and communities, their parents’ ability to care for them, and family history of violence or drug use. Child support is also determined based on the amount of time the children are with each parent. When a court believes both parents are unable to care for their children, they will look into guardianship so the child lives safely.

How to Get a Court Order

The majority of parents can come to an agreement without needing a court order, but if either parent isn’t holding up their end of the deal, the court can enforce a court order. The court can only enforce an agreement if they have a signed court order. The agreement’s terms can be enforced if you turn in a copy to the judge. The judge can sign the deal if both parties agree. If consensus cannot be reached, a judge will send both parents to a mediator, and if this still doesn’t work, the judge will decide the custody and visitation times on their own. A judge can also appoint a custody evaluator to make a recommendation based on their professional opinions.

Conclusion

Establishing a child custody deal can be overwhelming, but with this information, you have a guide of what to expect every step of the way. To get in contact with a professional child custody attorney, make sure you hire us at Family Law Richard E. Young & Associates, where we are dedicated to excellence.