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Orange County Restraining Orders

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What To Know About Restraining Orders

A domestic violence restraining order is described as a court order which assists to protect individuals from threats of abuse or any abuse from a person who is a close relation. You can request a domestic violence restraining order in case a person has threatened to abuse or even abused you. Remember the law states that you and that person must share a close relationship. This is applicable if you are a registered domestic partner or married or divorced or separated. It is also valid if you used to date the person or dating that individual even now. You two…

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How To Obtain A Restraining Order Against A Former Spouse

There can be varyings degree of conflicts in every family. However, when there is an element of violence or the threat of abuse against your kids or you should take the matter seriously and try getting a restraining order from the court. Irrespective of what the situation may be, a spouse should never resort to violence to exercise control over someone else or certain circumstances. However, if such a scenario does take place, the said restraining order may offer additional layer of protection so that the fender can be deterred from trying to get in touch with the victim Ways…

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Can Spouses Convicted Of Domestic Violence Get Alimony?

Domestic violence is an unpleasant subject and has plagued the lives of many couples. The number of domestic violence cases are more than that which get reported every year. Domestic violence is often one of the grounds on which one spouse seeks divorce. In California, domestic violence can mean many different things and you should carefully read through the California law before proceeding with the case. Domestic violence in California California is a “no-fault” state but in certain cases like domestic violence fault is a factor. In California, fault is thoroughly examined when spousal supports are determined in a domestic…

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Divorcing A Physically Abusive Spouse

Obtaining a divorce from a physically abusive spouse can be an extremely difficult affair for those on the receiving end. You need courage, sacrifice, and strong legal representation. It also needs a willing mind to navigate through challenging circumstances for a better life both for the spouse and children. It is extremely difficult to divorce an abusive husband in marriages that have lasted a long time. This is because the husband generally in these kinds of cases control the household finances. Not a simple process A few people will advise you to simply walk away from a life of hell….

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How Restraining Orders Can Protect You Against Violence

A court of law has the right to impose a restraining order against an abusive individual who has been established as a physical mental or sexual threat to another individual. There are several reported cases of domestic violence and child abuse which involve violent actions of harassment, sexual abuse, stalking and threatening from the abusive partner. The victim who receives the restraining order is termed as the protected person and the abusive individual is referred to as the restrained person. In some cases, where the abusive individual poses a threat to more than one persons of a family, the restraining…

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The Impact Of Domestic Violence On Child Custody Cases

The child custody and visitation laws are separately dealt with in divorce lawsuits involving child abuse or domestic violence. It is the duty of the judge to establish whether there is a genuine case of any kind of physical or mental abuse or not. If yes, the court of law must follow specific rules and guidelines to reach a final verdict in terms of custody and visitation rights of the parents involved. What is regarded as domestic violence by the State of California?  Many times, the victims of domestic abuse end up thinking that they have not been subjected to…

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Child Custody in Domestic Violence Cases

The definition of domestic abuse is not limited to physical harm; it consists of sexual assault, harassment, threats, stalking, and physical injury. Violence can continue and, in many cases, increase upon separation. Domestic violence allegations play a significant role in child custody hearings. The “moral presumption” in such cases does not allow the abuser to become the primary guardian of the child/children. However, the legal presumption is open to examining the case put forth by both parents. The top priority of California’s legislature in custody cases is the health, safety, and welfare of the children. When deciding custody the court…

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Divorce When There Is Domestic Violence Involved

Domestic abuse is one of the most common reasons for a divorce. It involves mistreatment of one partner by the other, generally bordering towards violence. Physically harming a person (sexual assault, hitting etc.) or mental and emotional harassment (causing fear with threats of abuse, isolating partner from other people, stalking etc.) are all forms of domestic abuse. Even though one usually hears of women getting exploited in a relationship in such a manner, it isn’t necessarily true in all cases. Men can be victims of domestic abuse as well, and bringing their cases to light is a lot more difficult,…

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Seeking Temporary Restraining Orders During Divorce

Not all divorces are an amicable parting of ways. In fact, in cases where domestic abuse either physical or emotional is involved, things can be far from pretty. Sometimes, if one spouse – usually the woman – feels that her life is endangered by continuing to live in the same home as her estranged spouse or even interact with him on any level, she may file a TRO or temporary restraining order. Here’s what you need to know about temporary restraining orders during divorce. What does a temporary restraining order achieve? For a victim of domestic abuse, the temporary restraining…

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Types of Restraining Orders in Divorce Cases

There are many reasons that people go through a divorce. If you are a victim of domestic violence, you can look at divorce as a means of protection from your spouse. The abusing spouse needs to be dealt with, and you need to take action right away. The faster you act, the better the chance of ensuring the protection of you and your family. If you think you are in grave danger, the first thing you should do right now is contact law enforcement right away. If, however, the problem is a persistent one but not one that poses immediate…

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