Domestic Violence Divorce Attorneys in San Diego
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Domestic Violence and Divorce: How Our San Diego Attorneys Can Help
Understanding Domestic Violence in Divorce Cases
Domestic violence is a serious issue that impacts far too many relationships and marriages. If you are considering divorce and have been the victim of domestic violence, it’s critical to work with experienced attorneys who understand the unique challenges and sensitivities involved in these types of cases.At Spodek Law Group, our San Diego divorce attorneys have extensive experience representing clients who have suffered domestic abuse. We know how overwhelming and scary this process can feel, especially when you’re trying to leave an abusive marriage. You may be concerned about your safety, your children‘s well-being, and your financial security as you contemplate divorce.It’s important to understand that domestic violence can take many forms – it’s not just physical abuse. Domestic violence can also include emotional abuse, psychological abuse, sexual abuse, financial abuse, and threats of violence or harm. All of these are unacceptable and illegal.Some common signs of an abusive relationship include a spouse who:
- Calls you names, insults you or continually criticizes you
- Prevents or discourages you from going to work or school
- Stops you from seeing family members or friends
- Tries to control how you spend money, where you go, what medicines you take or what you wear
- Acts jealous or possessive or constantly accuses you of being unfaithful
- Gets angry when drinking alcohol or using drugs
- Threatens you with violence or a weapon
- Hits, kicks, shoves, slaps, chokes or otherwise hurts you, your children or your pets
- Forces you to have sex or engage in sexual acts against your will
- Blames you for his or her violent behavior or tells you that you deserve it
If any of this sounds familiar, know that you are not alone. These behaviors are not normal or acceptable in a healthy relationship. You have options to protect yourself and your children.
How Domestic Violence Impacts Divorce
When domestic violence is involved, it changes the dynamics of a divorce case in several important ways:
- Safety concerns become paramount. Your attorney will work with you to put protections in place, such as restraining orders, to keep you and your children safe throughout the divorce process. We may recommend moving to a secure location if you are still living with your abuser.
- Custody and visitation issues are impacted. If your spouse has been abusive, it will likely affect their parenting time and decision-making abilities. Judges take domestic violence very seriously in custody cases. We can help make the case to limit your abuser’s access to the children.
- Property division may be complicated. If you’ve been financially abused or your spouse has hidden assets, it can make dividing property more difficult. Our attorneys are skilled at uncovering all assets and ensuring you receive your fair share in the divorce.
- You may have additional legal needs. Victims of domestic violence often need help securing restraining orders, filing criminal charges, breaking leases, or dealing with immigration issues related to the abuse. We can connect you with additional resources and legal support.
- Heightened emotions and trauma. Divorce is always emotionally challenging, but adding a history of abuse into the equation makes it even more difficult. Our compassionate attorneys will handle your case with sensitivity and connect you with therapeutic resources for additional support.
The most important thing to know is that you have legal rights and protections as a victim of domestic violence. Our attorneys will advocate fiercely on your behalf to ensure your voice is heard and you get the outcome you deserve in your divorce case. Your safety is our top priority.
The Divorce Process When Domestic Violence is Involved
So what can you expect when you file for divorce and domestic violence has been an issue in your marriage? Here’s a general overview of the process:
- Secure your safety. If you are in immediate danger, call 911 and get to a safe place. Consider staying with family, friends, or at a domestic violence shelter. Our attorneys can also assist you in filing for a restraining order if needed.
- Gather documentation. Start collecting any evidence of the abuse, such as police reports, medical records, photographs, or threatening messages. Keep a journal documenting any ongoing harassment or abuse. This will be important for securing protective orders and custody.
- Meet with an attorney. Look for a divorce lawyer who specializes in domestic violence cases. Our San Diego attorneys offer free, confidential consultations so you can get information about your rights and options. We can help you file for divorce and put temporary orders in place.
- File for divorce. California is a no-fault divorce state, so you don’t have to prove abuse to file for divorce. However, the domestic violence will be relevant to issues of custody, visitation, and restraining orders. We can help you complete the divorce petition and ensure your rights are protected.
- Secure temporary orders. The court will put temporary orders in place regarding any children and property while the divorce is pending. We will advocate for your interests and ensure you have access to adequate financial support and protections during this time.
- Negotiate a settlement. Most divorce cases are resolved through negotiation and mediation. However, this can be more challenging with an abusive spouse. We are skilled negotiators who will work to get you the best possible outcome. If a fair agreement can’t be reached, we are prepared to take your case to trial.
- Finalize your divorce. Once all issues have been resolved, the court will issue a final divorce judgment. We will ensure all orders are properly drafted to protect you going forward. If your spouse violates orders after the divorce, we can assist you in enforcing them.
Throughout the process, our attorneys will be by your side providing guidance, support, and strong advocacy. We understand the unique challenges of divorcing an abusive spouse and will work tirelessly to protect you.
Domestic Violence Resources in San Diego |
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National Domestic Violence Hotline: 1-800-799-7233 |
San Diego Family Justice Center: 866-933-4673 |
San Diego Domestic Violence Council: 888-385-4657 |
Center for Community Solutions: 888-385-4657 |
YWCA of San Diego County: 619-234-3164 |
Choosing the Right Divorce Attorney
When domestic violence is a factor in your divorce, having the right attorney on your side can make all the difference. You need a lawyer who understands the dynamics of abuse, knows how to navigate the legal system to protect you, and will advocate fiercely for your rights.At Spodek Law Group, our San Diego divorce attorneys have decades of experience representing clients in these sensitive cases. We understand what you are going through and are here to support you every step of the way. Here are some of the reasons to choose us:
- We have a track record of success in complex divorce and domestic violence cases. Our attorneys are known for our skilled negotiation and aggressive courtroom advocacy.
- We prioritize your safety and well-being. All of our staff are trained in the dynamics of domestic violence and trauma. We will connect you with resources and support to help you heal.
- We offer affordable rates and payment plans. We know finances are often a barrier to leaving an abusive marriage. We work with clients to make our services accessible and affordable.
- We provide personalized attention. You will work directly with an experienced attorney who will take the time to understand your unique situation and goals. We will be there to answer all of your questions and address any concerns.
- We are available 24/7. If an emergency arises or you need support, you can reach us anytime. We will be there when you need us most.