In California, domestic violence laws protect the victims from further attacks. They allow the court to become involved and provide adequate protection for victims who are attacked by their spouses. A family law firm in Temecula helps these victims petition the court for a divorce.
Gathering Evidence for the Divorce Case
The most common evidence required for a divorce case involving domestic violence are the police reports. The victim must acquire the police reports for each attack and submit them through the court. This evidence could prevent unwanted circumstances and could assist them in gaining peace and child custody.
Securing a Protection Order
The court issues a protection order to prevent the attacker from gaining further access to the victim. The order outlines terms that prohibit certain activities. These activities include visiting the home of the victim, their place of employment, and restricts the attacker from getting within a certain distance of them. It also includes risky behaviors that could lead to additional attacks, which may include the use of alcohol and controlled substances. Any violation of this order is considered a criminal act and punishable under California laws.
Evaluating the Risks to the Child
The court must evaluate the risks to the child involved in the divorce case. If the parent doesn’t have a history of violent behavior toward the child, the court may provide supervised visitations to determine if a risk is present. However, if the parent has abused the child and there is clear evidence, the court could terminate their parental rights to protect the child.
Extending the Protection Order
After the divorce case, the court may extend the protection order to prevent the potential for injury. The court revisits the need for the order after one year. The same laws apply to this order as they did the original order.
California victims of domestic violence have access to assistance to file for divorce. They may be relocated for their safety pending the finalization of their divorce case. When children are involved the court must evaluate any risk to the child when awarding custody. Petitioners who need assistance should contact a family law firm in Temecula, such as the Law Office of Michelle Penna, or visit michellepennaattorney.com for additional information.