Are you, or your children being abused by your spouse? If you’re not 100% sure of what you’ve been enduring qualifies as domestic violence, please know that it’s not unusual for people to be uncertain. In fact, a lot of victims feel that the violence is “not that bad” or they somehow “deserved it.”
Please know that if you’re even wondering if you’re a victim of domestic violence, you probably are.
Domestic violence refers to violence or threats of violence between people that are married, in a dating relationship, have a child together, closely related, or living together as roommates.
Domestic violence includes:
- Sexual assault
- Physically hurting another person intentionally
- Threatening to injure someone
- Destroying someone’s property
- Abusing the family pets
According to the California Courts, physical abuse is not limited to hitting. Abuse can mean pushing, throwing things, pulling someone’s hair, keeping someone from freely coming or going, and it can include physically abusing family pets (animal abuse).
Obtaining a Domestic Violence Restraining Order
If your spouse is abusing you or your children, you should consider obtaining a domestic violence restraining order. Restraining orders are court orders that help protect battered spouses and children. You can ask for a domestic violence restraining order against your spouse if:
- Your spouse has abused you
- Your spouse is threatening to abuse you
- Your spouse is abusing your children
- You are married to your abuser
- You are separated or divorced from your abuser
If your spouse or ex-spouse is abusing your child, you can file a restraining order on behalf of your child to protect him or her from their other parent. If your child is at least 12 years of age, they can file their own restraining order.
A restraining order can: 1) order your spouse not to contact you, 2) order your spouse to stay away from you, 3) order your spouse to move out of the family home, 4) order your spouse to pay you child support, 5) order your spouse not possess a firearm, and 6) order them to stay away from the family pets, etc.
Often, domestic violence and divorce go hand in hand. If you are being abused by your spouse, you need to speak with a divorce attorney about how to leave safely, and how to ensure that your child custody rights are protected.
At Claery & Hammond, LLP, our Los Angeles divorce attorneys are here to help. For a free, confidential consultation, contact our office today.