Los Angeles Domestic Violence Lawyers

Domestic violence exists as a serious problem within the United States, and it requires the careful action of a lawyer. When we say domestic violence, we mean anything where emotional, physical or financial abuse happens within a relationship. On any given day, the police in Los Angeles respond to 130 calls of domestic violence. That should give you an idea about the scale of this problem. In most cases, domestic violence negatively impacts women and children the most, but you do have cases where men have been the subject of domestic abuse. The big difference is that they often don’t report it.

Prevalence of the Problem

Statistics have shown that over 40 percent of all the women living in Los Angeles will experience domestic abuse at some point in their life. That should underline the extent of the problem. It’s an alarming figure, and people who find themselves in relationships like this shouldn’t walk, they should run away from them. You have many cases where people have killed their partner in a domestic violence case. It isn’t as uncommon as you might think, and if you happen to be in a relationship like this, it is imperative that you leave. No more excuses for staying. Don’t let them give you the sad puppy eyes as you try to leave.

Protected under Federal Law

Domestic violence laws protect the victims of this heinous crime under both federal and state laws. Victims could seek relief within the civil and criminal court system. In some cases, the victims have worked with law enforcement to determine how to proceed against an abuser and build a case against them.

Someone who finds themselves in these cirumcstances may want to seek the Violence Against Women Act because of how this provides them with the necessary resources to get out of an abusive relationship and take legal action against the abuser. No one deserves to be abused, and it is not acceptable. Don’t accept excuses.

Laws Differ from State to State

Every state will have different domestic violence laws. In some cases, the laws can differ dramatically, which is why you should seek a lawyer specifically from your state because they can give you the most detailed and specific information to your case. In some states, the problem has become so serious that they have adopted preferred arrest policies where they must arrest one or both people at the scene of the crime. Either that or they will have to write a report detailing why they didn’t arrest anyone. If a certain criteria of seriousness has been met, some states require a mandatory arrest.

In some cases, people can even terminate their leases early if they find themselves in an abusive relationship with someone. This helps so that they don’t feel trapped in the relationship to maintain the leasing agreement. Even if you live in a state where that policy doesn’t exist, you should still leave the relationship. Your life and wellbeing is far more important than the lease.

Protecting the Victims of Domestic Abuse

Unfortunately, this is an unsightly problem within our society that has proven difficult to address because of how widespread it is. The victims of domestic abuse require protection, and laws exist that can help them. They should speak with their lawyer as soon as possible because of how this can detail some of the resources that they could seek, and they could look at the potential legal actions that they could take against the person. Criminal and civil legal actions can be taken against anyone who has committed domestic violence.

You should seek legal assistance as soon as possible if you have found yourself in this situation. In some cases, you may not even feel comfortable testifying in court against the person. For those situations, you might have the lawyer represent you. Meanwhile, you will remain hidden and away from harm. This is an understandable thing because you have many cases where the other person fears for their life. The courts have taken this into consideration, and they have opted to allow for people to send in someone else who can represent them to the court system.

Domestic violence exists as a serious problem within the United States, and it requires the careful action of a lawyer. When we say domestic violence, we mean anything where emotional, physical or financial abuse happens within a relationship. On any given day, the police in Los Angeles respond to 130 calls of domestic violence. That should give you an idea about the scale of this problem. In most cases, domestic violence negatively impacts women and children the most, but you do have cases where men have been the subject of domestic abuse. The big difference is that they often don’t report it.

Prevalence of the Problem

Statistics have shown that over 40 percent of all the women living in Los Angeles will experience domestic abuse at some point in their life. That should underline the extent of the problem. It’s an alarming figure, and people who find themselves in relationships like this shouldn’t walk, they should run away from them. You have many cases where people have killed their partner in a domestic violence case. It isn’t as uncommon as you might think, and if you happen to be in a relationship like this, it is imperative that you leave. No more excuses for staying. Don’t let them give you the sad puppy eyes as you try to leave.

Protected under Federal Law

Domestic violence laws protect the victims of this heinous crime under both federal and state laws. Victims could seek relief within the civil and criminal court system. In some cases, the victims have worked with law enforcement to determine how to proceed against an abuser and build a case against them.

Someone who finds themselves in these cirumcstances may want to seek the Violence Against Women Act because of how this provides them with the necessary resources to get out of an abusive relationship and take legal action against the abuser. No one deserves to be abused, and it is not acceptable. Don’t accept excuses.

Laws Differ from State to State

Every state will have different domestic violence laws. In some cases, the laws can differ dramatically, which is why you should seek a lawyer specifically from your state because they can give you the most detailed and specific information to your case. In some states, the problem has become so serious that they have adopted preferred arrest policies where they must arrest one or both people at the scene of the crime. Either that or they will have to write a report detailing why they didn’t arrest anyone. If a certain criteria of seriousness has been met, some states require a mandatory arrest.

In some cases, people can even terminate their leases early if they find themselves in an abusive relationship with someone. This helps so that they don’t feel trapped in the relationship to maintain the leasing agreement. Even if you live in a state where that policy doesn’t exist, you should still leave the relationship. Your life and wellbeing is far more important than the lease.

Protecting the Victims of Domestic Abuse

Unfortunately, this is an unsightly problem within our society that has proven difficult to address because of how widespread it is. The victims of domestic abuse require protection, and laws exist that can help them. They should speak with their lawyer as soon as possible because of how this can detail some of the resources that they could seek, and they could look at the potential legal actions that they could take against the person. Criminal and civil legal actions can be taken against anyone who has committed domestic violence.

You should seek legal assistance as soon as possible if you have found yourself in this situation. In some cases, you may not even feel comfortable testifying in court against the person. For those situations, you might have the lawyer represent you. Meanwhile, you will remain hidden and away from harm. This is an understandable thing because you have many cases where the other person fears for their life. The courts have taken this into consideration, and they have opted to allow for people to send in someone else who can represent them to the court system.

How will his abuse towards me affect our divorce?

Abuse does not always appear in the form of a bruise thanks to any physical fighting. Abuse in a marriage comes in many forms, and some people have no idea they’re dealing with an abusive spouse for many weeks, months, or even years after the abuse begins. It’s not easy to understand how or why things like this happen, but sometimes people aren’t who they appear to be when you first get married. Whether your spouse is abusing you mentally, emotionally, or physically, you have rights. One of those rights is Divorce. You can divorce an abusive spouse, and his choice to abuse you will affect the divorce process.

How does abuse affect divorce?
The first thing you should understand is that most states allow you to file for divorce two ways. You can file for a no-fault divorce or a fault divorce. A no-fault divorce is one in which you decide no one is to blame for the end of your marriage. You simply made the decision to end things mutually. You fell out of love or you grew apart. A fault divorce is when you accuse your spouse of something such as cheating or abuse, and that’s the reason you want to end your marriage.
If you make the decision to file for divorce by citing your husband is abusing you, the spousal abuse accusation is going to change the course of your divorce significantly. One of the main factors is going to be the court protection you’re offered when you file. If your spouse is abusing you, the court will offer you some protection from this person to keep you safe while you file for divorce.

A spousal abuse situation also has an effect on any child custody and even alimony issues. For instance, most states try to do what is fair when they divide marital assets and debts, and they always state the best interest of the child is the way to choose custody. An abusive parent is going to lose custody of his or her kids to keep them safe, and he or she might not get the marital assets they’re asking for if they are abusive.
The law regarding abuse is a little different depending on the kind of abuse that’s occurring. If your husband is hitting you and physically abusing you, he probably won’t get the kids if you ask the court not to allow it. A man who hits his wife might not necessarily hit his kids, but the court is going to take into consideration this man is placing his hands on a woman as a way of punishing her. This might play into how much he is ordered to pay you, too.

Call an Attorney
Abusive marriages are not easy to end. They are not easy to walk away from, and they are not easy to deal with. A man who abuses his spouse is a dangerous man who won’t be willing to sit back and handle divorce, and it’s often a dangerous situation. That’s why an attorney is the best option someone who is suffering from abuse has. It’s this person who can help you with your situation, get you through the mess, and help you find a way to move on and move up.

Abuse in a marriage can take place in many forms, which includes emotional, mental, and physical abuse. In many instances, a spouse will live for many years before realizing that he or she is the subject of an abuse marriage. It doesn’t matter what type of abuse you are going through, you have rights, which includes the right to a divorce. If you are married to an abusive spouse, it will have a significant influence on the divorce process.

How Will Abuse Influence a Divorce?
When you decide to file for divorce, you have two options that include a fault and no fault divorce. If you file for a no fault divorce, then both parties are free of fault, as the marriage may end due to irreconcilable differences. When a spouse files for a fault divorce, he or she will cite specific instances and circumstances that warrant a divorce. This could include cheating, abuse, or any other actions that are seen as detrimental to a marriage.
When a spouse files for divorce and cites abuse, it will change the way the divorce process is handled from the beginning. With these circumstances, the court may offer you protection when you file. An Order of Protection may be issued to ensure that a spouse stays safe during the divorce proceedings.
In addition, when spousal abuse is involved in a divorce, it will impact child custody, visitation, and spousal maintenance. When determining custody and visitation, the court will always put the best interest of the child first. If a divorce involves spousal abuse, it will more than likely lead to the abuser losing custody rights to the children, and it may also have an impact on visitation, such as supervised visits with a social worker present. In addition, the court will typically split any marital assets evenly, but spousal abuse could influence this as well.

How Does Abuse Influence Spousal Maintenance?
Any misconduct during a marriage, which includes physical abuse, will be taken into consideration by the court. The purpose of spousal maintenance is to make certain that the spouse who was abused is equipped with the financial means to support himself or herself. When any type of abuse leads to emotional, physical, or mental trauma that prevents him or her from adequately supporting himself or herself, the court will factor it into the amount of spousal maintenance that will be awarded.

If the abuse resulted in a spouse’s inability to maintain employment during the marriage, he or she may also be awarded a larger share of any marital assets. A judge will typically award a larger division of marital assets in any cases where the abuse harmed the couple’s finances.

Children, Divorce, and Abuse
Divorce cases that involve abuse are much more complex when children are involved. One of the first things you should do when you realize you are a victim of marital abuse is protect your children. This may require that you move out of your shared residence with your spouse, call law enforcement officials, and contact a family attorney. When children witness domestic abuse, it can have a long-term impact on their mental, psychological, and emotional well-being. Children may need therapy if they were exposed to seeing one spouse abuse another, and a judge will not award custody to an abuse parent.

Establishing Proof of Abuse
In most states, abuse is thought to be cruel and constitutes a fault divorce. However, in order to file for a fault divorce, you must show proof of abuse. Many individuals provide the court with photographs, medical records, videos, or police records to prove that abuse occurred. In addition, you can also have a witness testify to the abuse. If you attend counseling or therapy because of marital abuse, it can also be used as evidence.

Contact a Divorce Attorney
When you are involved in an abusive marriage, it will only add to the complexity of a divorce. In addition, it can be scary to walk away from your spouse if you feel that he or she won’t handle a divorce well. However, with the help of an experienced divorce attorney and an Order of Protection, you can get through the divorce process without being the victim of domestic abuse.
A divorce attorney can help you prepare documents, schedule court dates, and even act as a mediator to help ease the divorce process. The best way to protect your rights is with the help of an experienced divorce attorney by your side every step of the way.

This article is from Zooomr, a great tech startup based out of NYC that helps consumers get amazing lease deals. There’s no doubt that your husband’s abuse towards you during your marriage will have long-lasting effects on you. Abuse by a spouse particularly affects the emotional aspects of your divorce process. Women who undergo abuse typically report feeling increasingly angry, resentful, and ashamed about both the divorce and the abuse they suffered through the marriage. But whether or not your partners’ abuse towards you will have any legal ramifications will depend upon several factors.

No-Fault Divorce States
California was the first state to introduce the concept of a “no-fault” divorce in 1970, and in 2010, New York became the last state to finally pass their own no-fault divorce statute. In cases of no-fault divorce, parties agree that nobody is to blame in the divorce and a simple case of “irreconcilable divorces.” In 17 states, no-fault divorce is the only type of divorce you can file; these states include California, Colorado, Wisconsin, Florida, Washington, Hawaii, Oregon, Nevada, Indiana, Iowa, Nebraska, Montana, Kansas, Iowa, Michigan, Missouri, and Minnesota. These states do not allow you to prove that the divorce was your spouse’s fault due to his cruelty, as you can do in states that have fault divorces.

Dividing Your Assets
While being able to demonstrate your partners’ abuse of you may not make a difference when it comes to filing your divorce, it may still make a difference when it is time to determine asset distribution. This is not true of all states. Some states follow the Uniform Marriage and Divorce Act, in which property is divided equally among partners, regardless of the marital conduct. In states which are not affected by the UMDA, property distribution is based upon what is fair, not necessarily what is equal. In order to determine what percentage of property distribution is fair to you, you may be able cite your husband’s abuse of you during your marriage.

Determining Whether Abuse Caused Your Divorce
In some past cases, courts have determined that a husband’s abuse towards his wife is only relevant in the division of property if it is the reason that the marriage was dissolved. For example, in Mount v. Mount, the wife testified that her husband abused her for years, which resulted in hospitalization, stranger assaults, and an attempted robbery by men hired by her husband. The appellate court held that the wife was entitled to a larger share of the assets because the husband’s ongoing abuse was ultimately the reason for the divorce and therefore needed to be considered when assets were divided.

Claiming Abuse as Economic Misconduct
If your husband’s abuse has resulted in medical problems that may prevent you from working or may cause future medical bills, you may also be entitled to a greater share of assets. In Mosley v. Mosley, the court awarded two-thirds of the couple’s assets to the wife because the court believed the majority of her future income would go towards medical care due to her husband’s past abuse.

Determining Whether the Abuse is “Egregious.”
In some court cases, the presence of abuse through the hands of a husband was not considered severe enough to result in the judge giving the wife a larger portion of the assets. Michigan has stated that abuse is only relevant to property division if the abuse is “outrageous” or can claimed to be “shockingly unforeseeable.” Similar court results have occurred in Kansas and New York.

Arguing Abuse in Child Custody
While the abuse of a child is almost always relevant to child custody cases, your husband’s abuse of their mother may not be found to be relevant. The factors that may impact your child custody agreement include whether a mental health professional can testify on the potential long term ramifications of the child witnessing your abuse. Additionally, if your husband can claim that the child was never directly present when you were being abused, his actions may not factor into your custody agreement.

If you have been a victim of abuse and are considering a divorce, your best course of action is to contact an experienced attorney who is used to dealing with your state’s divorce laws. Divorces that deal with abuse allegations are often the most complicated and contentious, and having a skilled expert at your side is an essential step to ensuring that the process goes as smoothly and fairly as possible.