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Fresno Domestic Violence Lawyer

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Domestic violence is a serious problem, and accusations should not be taken lightly. When an individual shows patterns and behaviors of domestic violence, it can lead to serious injuries and have a profound negative impact on those experiencing the abuse. If you have been accused of domestic violence or are the victim of domestic violence, it is vital that you retain the legal services of a Fresno domestic violence lawyer who can ensure your rights are protected.

At Chase Family Law, your safety is our number one property, and we can fight to ensure you and your loved ones are kept safe from harm. If you have been personally victimized by domestic violence, our family law attorney can help you secure a necessary restraining order, file civil damage claims, and even pursue criminal charges.

If you have been falsely accused of domestic violence, especially in a child custody or divorce case, our family law attorney can help you fight these false claims and defend your rights in your family law case.

Defining Domestic Violence in Fresno, California

In Fresno, California, domestic violence is a term that can be used to describe the abuse or violence that takes place between members of a family or those in an intimate relationship. This abuse can occur between two or more members of the same family, household, or relationship. Individuals typically involved in domestic violence cases can include the following:

  • Current or former spouses
  • Current or former dating partners
  • Children
  • Parents
  • Grandparents
  • Relatives by blood
  • Relatives by marriage

Domestic violence can take many different forms, including the following common forms:

  • Hitting
  • Scratching
  • Punching
  • Controlling finances
  • Issuing threats
  • Using intimidation
  • Using humiliation
  • Verbal abuse, such as name-calling or belittling
  • Mental manipulation
  • Stalking
  • Biting
  • Throwing objects
  • Forced sexual activity
  • Child abuse and endangerment
  • Elder abuse, such as actions of physical harm, neglect, endangerment, financial fraud, and emotional harm

Can Domestic Violence Affect a Family Law Case?

Not only can a domestic violence case trigger certain civil or criminal issues, but it can also complicate any family law matters that may currently be in process or arise in the future. Domestic violence allegations typically affect a divorce or child custody case more significantly.

Domestic Violence and Divorce

In a divorce case, you do not need to cite any reason for divorce and can simply seek to obtain a no-fault divorce. This means that if there is domestic violence present in your marriage, you do not need to provide proof to the court to secure a divorce. This can be good news for abuse victims, as they can separate from their spouse without having to voice any of the reasons they are seeking the divorce.

If you can provide proof and achieve a conviction against your spouse for domestic violence, this can help your divorce case. A successful conviction could help ensure you walk away from the divorce with the favorable outcome that you deserve.

Domestic Violence and Child Custody

In California, courts generally try to ensure that both parents share some form of joint or legal custody after a divorce or separation. These arrangements would keep a child in contact with both of their parents if the courts deem that such an arrangement would be in the best interests of the child.

In cases where one parent may pose a threat to their child, the courts can revoke some of their parental rights. In these situations, especially if the victimized parent is seeking sole custody of the child, certain forms of evidence can be essential in proving domestic violence has occurred in the home. These forms of evidence can include the following:

  • Video footage
  • Voice recordings
  • Hospital records
  • Photographs
  • Police reports
  • Eyewitness statements
  • Documented calls to certain California support groups for abuse assistance

However, even if there is evidence of abuse in a case, this does not mean that the parent will automatically lose their custody rights. A court will first consider all the provided evidence alongside any evidence presented by the party who is being accused of violence. If a parent has a proven record of domestic violence, they still may be able to retain custody if they can show they have changed their pattern of behavior and reformed. Evidence can include:

  • Completion of certain parenting classes
  • Completion of alcohol or drug abuse programs
  • Completion of domestic violence treatment programs
  • Compliance with the terms of any existing or past restraining order, probation, parole, or jail time

How to Leave an Abusive Spouse

When you are involved in an abusive relationship, it can have lasting physical, psychological, and emotional injuries. While leaving an abusive partner is one of the most important decisions you can make for your own safety and the safety of any affected loved ones, it can also be one of the most difficult decisions to make.

This can especially be the case if any minor children are involved. If you plan on leaving an abusive partner with whom you share children, it is vital that you have a plan in place that includes documented evidence of the abuse, a safe place to go to, and a clear understanding of the legal proceedings that may lie ahead.

Speak With a Legal Advocate About Your Domestic Violence Case Today

Domestic violence can ruin families and cause serious physical injuries and, in some cases, even death. It can be nearly impossible to reverse some of the damage done in a domestic violence situation. If you have been victimized by domestic violence, it is vital that you know and understand the legal options available to you so that you can keep yourself and your loved ones safe. It is also important to know that help is available.

At Chase Family Law, our attorney has over 30 years of experience in family law and has seen how domestic violence can affect families and ruin relationships between loved ones. If you are a victim of domestic violence, Chase Family Law is here for you. Contact our office today to schedule an initial consultation with our attorney and learn how we can fight for your and your family’s protection.

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