Newport Beach Domestic Violence Lawyer

Newport Beach Domestic Violence Attorney

Domestic violence can instill incredible stress and fear in your life, especially when pursuing litigation of a family law matter, such as a divorce or child custody battle. When domestic violence exists in a relationship seeking divorce or other family law matters, it can affect how the family transitions into their new lives in a safe manner. If you are frightened to move forward in a family law case due to domestic violence, a Newport Beach domestic violence lawyer can help.

At The Law Office of Robert G. Goldsmith, our team has the experience and resources necessary to aid our clients if they are facing domestic violence in their homes and are currently seeking assistance in a family law matter.

When you choose our family law attorneys to come alongside you during this difficult time, you can count on us to educate you on your legal rights and options so that you may move forward with your case with a sense of safety and security.

We know a domestic violence situation requires a compassionate approach, so our team is here to represent you through the complex emotional and legal proceedings that lie ahead.

What Constitutes Domestic Violence in California?

In California, domestic violence occurs when there is any mental, verbal, sexual, emotional, financial, or physical abuse perpetrated by an individual onto members of their family, a spouse, a child, or another loved one. This behavior is typically aggressive and violent, and it can have long-lasting effects on victims, both physically and psychologically.

In many situations, the offender uses these acts of domestic violence as a way to control the other person. Domestic violence can occur in the following ways:

• Financial Abuse: An individual seeks to or has actual control over your access to money or resources. They may also prevent you from gaining employment to build up your own finances.
• Sexual Abuse: This can include non-consensual acts of a sexual nature or even unwanted sexual contact. It can involve actions such as sexual assault, rape, or attempted rape.
• Emotional Abuse: An abuser may engage in behavior such as humiliation, threats, or intimidation that is meant to undermine your own self-esteem or self-worth.
• Physical Abuse: This can include any behaviors or threats of a physical nature, such as hitting, slapping, punching, pushing, pulling of hair, shoving, or throwing objects.

If you have suffered any of these acts in a domestic relationship, the team at The Law Office of Robert G. Goldsmith is here for you. In reviewing your case, our attorneys can determine what kind of personal protective order might be right for you, how to file the necessary paperwork, and help you move forward through your family law matter so that you can begin building your life your way.

Robert G.
Goldsmith

Newport Beach Domestic Violence Lawyer

Call Law Office of Robert G. Goldsmith Law today at 949-769-7052 for your Free Consultation!

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The Law Office of Robert G. Goldsmith: We Address Domestic Violence With Serious Advocacy

A domestic violence restraining order (DVRO) is used to protect people who have been abused or threatened with abuse. Abuse can be spoken, written or physical. However, a DVRO is not available to everybody who has been abused because the Domestic Violence Prevention Act only applies to people who are or have been married, dated or lived together or who are related by blood or marriage. Allegations of domestic violence should be taken extremely seriously because of the impact that they can have on a person’s life for years to come. The Law Office of Robert G. Goldsmith will help you with the process of filing for a DVRO to minimize any complications that could prevent its approval.

Once a court has determined that there is “reasonable proof of a past act or acts of abuse” a restraining order can be issued that prevents the person who committed the abuse from having any contact with their children or any communication with the victim and other relatives. The restraining order can also require the person to move out of their house; award sole custody to the abused parent; order child support and spousal support; and require the person who committed the abuse to attend 52 weeks of anger management classes, among other remedies that the court thinks is appropriate. These orders can be issued for five years and can be extended beyond that period of time following an appropriate request.

Common Types of Domestic Violence Protective Orders Available to Victims

Filing allegations of domestic violence can have impacts on your family law case, including divorces or child custody battles, and it is important to file these allegations with the assistance of an attorney who can work to protect you and your loved ones from any retaliation. At The Law Office of Robert G. Goldsmith, we can review the details of these allegations and determine what kind of protective order fits your case and the unique needs of your situation.

The most common domestic violence protective orders available to spouses can include the following:

• Temporary Restraining Order: This form of protective order is available through the court system and requires those bringing the allegations forth to fill out necessary paperwork and provide a testimony to a judge which describes their need for protection. The judge will then make a decision whether or not to provide the order, which will last for a set number of days until a subsequent court hearing can occur.
• Emergency Protective Order: This type of protective order can only be given through law enforcement authorities in which an officer requests a judge to provide this order. These orders go into effect immediately and last a certain set of days and allow the victim to seek an order which can last longer if the need arises.
• Permanent Restraining Order: This order, although not actually permanent, lasts up to a set number of years and is issued by the court. These orders can be renewed upon expiration if the courts deem such an action necessary.
• Criminal Protective Order: This order is also known as a “stay away” order and is filed when events of domestic violence lead to the filing of criminal charges against the abuser.

The Impact of Domestic Violence Abuse Allegations in Child Custody or Support Cases

If you have brought forth domestic violence charges while involved in a child custody or support case, these allegations have the potential to impact the case. A judge will make their decisions regarding the custody of your child based on what they believe is in the best interest of the child. If your co-parent is facing allegations of domestic violence, this could impact their ability to receive shared custody of the child.

Similarly, if there is a domestic violence protection order in place, the judge will most likely make their custody ruling in a way that stays consistent with that protective order. It is important to keep in mind that when a victim brings allegations of domestic violence forth in a family law case, the judge will require that individual to provide evidence, such as law enforcement reports, records from medical facilities, or reports from child protective services.

If the judge finds that the allegations are false, they may require the party who filed the allegations to pay for the legal fees of the other parent. This is one of the many reasons why it is essential that, in a child custody case, you work with a seasoned attorney who can help gather the necessary evidence to prove allegations of domestic violence against your co-parent.

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Allegations of domestic violence can drastically impact your divorce and child custody case. If your case involves allegations of domestic violence, contact The Law Office of Robert G. Goldsmith without delay by calling 949-769-7052 or emailing the firm.