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Domestic Violence Divorce Attorneys in San Diego

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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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
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:

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.
  • 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.
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