FAQs About San Diego Family Law and Domestic Violence Issues
Frequently Asked Question
Domestic violence can have a significant impact on family law cases. If you are going through a divorce or child custody proceeding, any past domestic violence incidents will have an impact on how the court views what is best for your children. Whether you were the victim of domestic abuse or if you've been accused of domestic violence in the past, it's important you understand how that history will impact your current situation.
Here are answers to a few commonly asked questions on domestic violence issues:
Q. Can domestic violence impact child custody?
During a custody determination hearing, the court will try to make decisions in the best interests of the children. A proven history of domestic violence could determine which parent will receive primary custody. In some cases, incidents of domestic violence will allow the court to take the children away from one parent completely. However, depending on the circumstances and the nature of the allegations, parents accused of domestic violence can still get some visitation time at a neutral location or while under the supervision of a court-approved third party.
Q. Do I need a restraining order?
If you are currently in danger or fear for the well being of yourself and your children, you can seek a temporary restraining order, or temporary protective order. If approved, the judge will prevent the abusive parent from stalking, harassing or even going near you. You do not need to have a domestic violence case pending in court to receive an injunction. You can seek a protective order at any time.
Q. My ex is stalking me. What can I do?
Most stalking cases involve people who have been in a previous relationship. If your ex is stalking you, call the police and get the courts involved. You may be in danger and you have the right to seek a protective order. Also, notifying the authorities will create a record of this behavior that can be useful if the situation gets worse.
Q. What happens at a domestic violence hearing?
During the hearing, a judge will determine if there is enough evidence to file a protective order in favor of the victim. The judge might also order for custody of the children to be given exclusively to the parent who is a victim of domestic abuse to protect the children.
Q. Can I fight domestic violence charges?
There are some cases where people face with domestic violence charges despite being innocent. If you've been falsely accused of domestic violence and are worried how it will affect your custody or divorce case, you should protect yourself by fighting back in court.
Q. Do I need an attorney?
Even the friendliest separations require the legal guidance of a skilled attorney. If you're involved in family law issues involving domestic violence, you need help to protect you and your family. The knowledgeable San Diego domestic violence family law attorneys at the Law Office of Thomas M. Huguenor can help protect your rights during this difficult time. Call us at (858) 458-9500 to discuss your case at no cost. We are here to help.