Divorce Due to Domestic Violence in San Diego

Are you a victim of domestic violence? Or, is your spouse abusing your children? If your family is in imminent danger, please don't hesitate to call 911 or the National Domestic Violence Hotline. If you have decided to file for divorce from your abuser, please understand that leaving is usually the most dangerous time; therefore, you should contact a caring and compassionate divorce attorney immediately so you can become advised on exactly what to do.

Questions to ask your divorce lawyer:

  • Should I get a domestic violence restraining order?
  • How can I protect my children?
  • How do I protect my parental rights?
  • Should I tell my spouse I'm leaving?
  • Should I contact the police?
  • Can I get temporary child and spousal support?
  • Can my spouse be ordered to vacate our residence?
  • Should I file criminal charges against my spouse?
  • Should I go to a domestic violence shelter?
  • How can I stay safe during the divorce?

What is domestic violence exactly? According to the California Courts, it refers to abuse and threats of violence between family and household members, and people who are in or used to be in a romantic relationship.

The following counts as "domestic violence" under California law:

  • Verbal abuse;
  • Sexual abuse;
  • Threats of abuse;
  • Harassing or stalking;
  • Throwing things;
  • Psychological abuse;
  • Scaring or following someone;
  • Abusing the family pets;
  • Destroying the victim's personal property; and
  • Physical abuse, such as hitting, shoving, kicking, punching, and pulling hair.

What Can I Do?

If your spouse is abusing you in any of the above forms, or if he or she is hurting your children, you need help; you don't want to face your abuser alone. First, contact our San Diego divorce law firm as soon as possible to schedule a free consultation.

We can explain what you need to do to be legally protected, especially if you have children. We can help you strategize how you're going to leave, when you're going to do it, and how you're going to protect your parental rights during the whole process.

Second, we may recommend that you take out a domestic violence restraining order. A restraining order can order your spouse to: not have a gun, to move out, to pay child and spousal support, to pay certain bills, and to stay away from you and your children. If your spouse violates their restraining order, they can be arrested, ordered to pay a fine, or go to jail, or both.

If you are divorcing due to domestic violence in San Diego, contact our firm today to schedule your confidential, free consultation.