High Levels of Domestic Violence and Divorce in California Prompt Legal Action
Sadly, one in four women will experience domestic violence during her lifetime. Each year, 1.3 million women will be victims of physical assault, according to the Alternatives to Domestic Violence organization in Riverside, Calif. California’s domestic violence shelters had more hotline calls in 2010, with an average of 5,261 individuals needing their services and support.
The recession has caused financial and marriage stressors to increase, and victims sometimes feel they have no escape route to improve their life. A recent Orange County domestic violence case emphasizes the need for legal counsel when dealing with divorce, child custody and restraining order concerns. Travis C. Unholz, an Orange County sheriff’s deputy, recently pushed his wife to the floor and she hit her head. The couple’s two children were at home during the argument. The wife called the sheriff’s department and they arrested Unholz. He was able to post bail, was charged with domestic violence, but then tried to buy a gun. He asked a friend to help him buy an automatic weapon, survival kit, and call his wife. All these actions violated the bail conditions.
Unholz now is charged with a litany of felony and misdemeanor charges – domestic battery, violation of a protective order and attempted possession of a firearm, sentencing enhancement for crime-bail-crime – and could face six or more years in state prison.
Every victim of domestic violence has the right to seek legal guidance and court protections to overcome a traumatic situation. If there are children involved, a restraining order can be requested to protect you and the children. Custody, visitation and child support orders can be requested at the same time, as well.
If you have been a victim of domestic violence, you have a right to look to the court for protection. There are several different types of restraining orders that can provide domestic violence victims with this kind of protection. If a judge wants a mediation to decide on these matters, an individual will want to bring their divorce lawyer and a support person. Sometimes it is even best to meet with the mediator separately, depending on what type of abuse has occurred.
Current California statutes call for custody to be granted in line with the best interests of the child. Domestic violence that has been done in the previous five years does not bode well for the perpetrating parent seeking any type of custody. Only if the perpetrator can provide sufficient evidence that he has completed a batterer’s treatment program, an alcohol or drug abuse counseling program, parenting classes, and complied with a restraining order, will the courts perhaps consider joint custody.
One of the most prominent divorce and family law offices, The Maggio Law Firm in Riverside and Irvine, Calif., is skilled in representing a client’s and child’s best interests. Their firm will ensure that all of the proper documents are filed, any questions that a judge might ask will be done so in a quick, proactive manner, and will assist with any unusual circumstances that might come up in the divorce and child custody hearings.
Gerald Maggio, their lead Riverside County domestic violence attorney, recommends individuals get help early on who are being abused. He represents domestic violence victims that are married, have domestic partnerships, in dating relationships, and same-sex partnerships. Their exceptional legal counsel will aggressively advocate for an individual and child’s legal and human rights.
Modern couples planning their marriage often find that prenuptial agreements are useful tools. They are especially helpful when one or both individuals entering marriage have significant assets to protect. One…
There are only two ways to end a legal marriage: annulment or divorce. An annulment is a legal process that cancels a marriage. The annulment of a marriage means that…