Spousal abuse is a form of domestic violence and is considered a criminal act throughout the United States. Whether domestic violence is happening in a marriage or between intimate partners who are not married, it is still a crime and can have a major impact on divorce proceedings. You may even benefit by enlisting the assistance of a Pleasanton domestic violence attorney to represent you in your divorce proceedings. He or she can explain to you ways in which you, as the victim, can protect yourself and your children in the best way possible throughout the divorce proceedings and beyond. Your Pleasanton domestic violence lawyer knows and understands the laws governing divorce as well as domestic violence and the role it plays in a divorce.
What is Considered to be Domestic Violence?
While mental, emotional, and verbal abuse are forms of domestic violence, they are hard to prove in a court of law, but there are several ways women can be abused that prosecutors are able to show evidence of in a courtroom. Those include:
- Any type of physical abuse, such as kicking, slapping, punching, hitting, pushing, hair-pulling, and throwing items at the victim.
- Sexual assault or coercion
- Emotional abuse, such as making threats to the victim, controlling the money in the relationship, holding the victim against her or his will, sharing personal information including photos, insulting and belittling the victim.
- Stalking includes harassment of the victim at their place of employment, threatening the victim’s friends and family, online stalking of the victim, following the victim, or abusing pets in the household.
If you feel frightened by your partner and fear for your safety or your freedom has been eliminated or diminished by your spouse, you may very well be the victim of domestic violence. You should consider filing charges against your spouse and definitely making police reports to document the incidents which can help you in a divorce, according to a Pleasanton divorce lawyer.
California: No-Fault Divorce State
According to a Pleasanton child support attorney, since California is a no-fault divorce state, you do not have to prove a reason to get divorced, but a domestic violence arrest or conviction will make it much more difficult for an abusive partner to get custody of the children or receive alimony from you. It is important to get away from an abusive spouse as soon as possible for your safety as well as the safety of any children involved in the situation. You should make a plan ahead of time to leave a marriage that involves domestic violence. If money is an issue in regards, a Pleasanton alimony attorney can help you by answering questions and filing the appropriate paperwork with the court system quickly and efficiently.
Divorce Attorney Pleasanton
Even if you feel as though the law will be on your side during divorce proceedings since you are a victim of domestic violence, keep in mind that the abusive partner still has their own rights. They may even attempt to use the court system in their favor to win custody of the children or to avoid paying alimony or child support.
To ensure that your rights are protected and your children as well during divorce proceedings from an abusive spouse, you need to enlist the assistance of an experienced and knowledgeable divorce attorney who understands the dynamics of domestic violence. The divorce attorneys at the Tierney Law Group have the experience and expertise necessary to help you navigate your divorce from the beginning of the process through the end of it from an abusive spouse. Call for an appointment today for a consultation and begin the process of divorce and a much better quality of life.